What are the implications of a mistake by the Attorney General in instructing the jury in a civil case?
California, United States of America
The following excerpt is from People v. Rendon, G054006 (Cal. App. 2018):
The Attorney General argues that even if the trial court erred in instructing the jury, any error was harmless. "Mere instructional error under state law regarding how the jury should consider evidence does not violate the United States Constitution." (People v. Dickey (2005) 35 Cal.4th 884, 905.) An error would be prejudicial only if it
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was reasonably probable a result more favorable to Rendon would have been reached absent the error. (Ibid.)5
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