Is there any case law where the court committed prejudicial error by instructing the jury with both CALCRIM No. 371 and No. 372?

California, United States of America


The following excerpt is from People v. Arana, B255512 (Cal. App. 2015):

Defendant contends the court committed prejudicial instructional error by instructing the jury with both CALCRIM No. 371 (destruction of evidence) and CALCRIM No. 372 (flight). We review a claim of instructional error de novo. (People v. Alvarez (1996) 14 Cal.4th 155, 217.) We find no error.

Page 10

Other Questions


Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
What is the test for a defendant to argue that a trial court commits prejudicial error by instructing in the language of CALJIC No.51 that motive is not an element of the crime charged? (California, United States of America)
Does a court commit error in instructing or failing to instruct the jury in a civil case? (California, United States of America)
What is the test for review of an instruction in the Superior Court of Appeal where the instruction in error was found to be in error? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
How have courts dealt with errors and misconduct committed by the trial court and the prosecutor? (California, United States of America)
What is the harmless error analysis that a reviewing court should use when a trial court's jury instructions incorrectly define an element of a charged offense? (California, United States of America)
Does the Court's error in instructing the jury that a jury need not agree whether Defendant Committed a Premeditated Murder or Lying-in-wait Murder require reversal? (California, United States of America)
Does a defendant have grounds to argue that a trial court prejudicially errs in failing to instruct the jury sua sponte at the penalty phase to disregard the no-sympathy instruction at the guilt phase? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.