What is the burden of burden on the Court of Appeal for failing to provide the correct instruction in a criminal case?
MultiRegion, United States of America
The following excerpt is from Taylor v. Muniz, No. 2:13-cv-01826-JKS (E.D. Cal. 2015):
Where the defect is the failure to give an instruction, the burden is even heavier because an omitted or incomplete instruction is less likely to be prejudicial than an instruction that misstates the law. See Henderson v. Kibbe, 431 U.S. 145, 155 (1977). In those cases, the inquiry is whether the trial court's refusal to give the requested instruction "so infected the entire trial that the resulting conviction violates due process." Id. at 156-57; Estelle, 502 U.S. at 72.
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