What is our duty to determine whether a jury misunderstood or misapplied an instruction?
California, United States of America
The following excerpt is from People v. Olivares, 2d Crim. No. B287575 (Cal. App. 2019):
instructions' impacts on the jury. (People v. Young (2005) 34 Cal.4th 1149, 1202.) Our duty is to determine "whether there is a reasonable likelihood that the jury misunderstood and misapplied the [allegedly erroneous] instruction." (People v. Mayfield (1997) 14 Cal.4th 668, 777, abrogated on another ground by People v. Scott (2015) 61 Cal.4th 363, 390, fn. 2.)
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