What is the abuse of discretion standard in the context of a jury selection issue?
California, United States of America
The following excerpt is from People v. Johnson, F069414 (Cal. App. 2016):
An abuse of discretion standard is used to review a trial court's decision to instruct or not instruct a deliberating jury. (People v. Waidla (2000) 22 Cal.4th 690, 745-746.) Under this standard, the trial court's decision "must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]" (People v. Jordan (1986) 42 Cal.3d 308, 316, italics original.)
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