Is there any case law where a trial court committed an instructional error by removing an element of the crime of wiretapping from the instruction?
MultiRegion, United States of America
The following excerpt is from Moreno v. Valenzuela, No. 2:15-cv-0704 TLN CKD P (E.D. Cal. 2017):
In Claim A2, petitioner claims that the trial court committed instructional error under United States v. Gaudin, 515 U.S. 506 (1995), by "removing an essential element of the crime of wiretapping within its formulated instruction." He claims the resulting instruction was misleading to the jury. (Ptn. at 36.)
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