Is there any case law where a jury was instructed to disregard an admonition or admonition?

California, United States of America


The following excerpt is from The People v. Tochihuitl, G042901, Super. Ct. No. 08CF1266 (Cal. App. 2011):

Nevertheless, the court instructed the jury to disregard the statement and we must assume that the jury followed the court's instructions. (See People v. Prieto (2003) 30 Cal.4th 226, 260 ["an admonition would have cured any prejudice from the alleged misconduct"].) Again, we reject defendant's contention that this event, which viewed within the scope of the entire trial was a rather minor digression, rises to an error of constitutional magnitude. We can hardly conclude that this statement '"infect[ed] the trial with such '"unfairness as to make the resulting conviction a denial of due process."' [Citations.]"' (People v. Parson (2008) 44 Cal.4th 332, 359.)

Page 7

The judgment is affirmed.

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