What are some cases where a trial court has failed to instruct the jury on an element of the charged offense?
California, United States of America
The following excerpt is from People v. Blackburn, 191 Cal.Rptr.3d 458, 354 P.3d 268, 61 Cal.4th 1113 (Cal. 2015):
situations, including a trial court's failure to instruct the jury on an element of a charged offense (ibid. ) and a trial court's failure to submit a sentencing factor for determination by a jury (Washington v. Recuenco (2006) 548 U.S. 212, 218222, 126 S.Ct. 2546, 165 L.Ed.2d 466 ).
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