What is the effect of a court's failure to give a Mayberry Instruction for Felony False Imprisonment?
California, United States of America
The following excerpt is from People v. Sainz, B261986 (Cal. App. 2016):
Weighing the strength of the prosecution's evidence against appellant's evidence, we further conclude appellant suffered no prejudice. It is not reasonably probable the outcome would have been more favorable had the instruction been given. (Cf. People v. Watson (1956) 46 Cal.2d 818, 836 (Watson).)
3. The Court's Failure to Give a Mayberry Instruction for Felony False Imprisonment Was Not Error.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the findings of the California Superior Court of Appeal on the grounds that the instructions given by defendant in his conspiracy to commit felony murder were not tantamount to felony murder instructions? (California, United States of America)
What is the difference between false imprisonment and misdemeanor false imprisonment? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
What is the effect of the Court of Appeal's failure to instruct the jury that a killing in the heat of passion lacks malice and is at most voluntary manslaughter? (California, United States of America)
What is the effect of the Court of Appeal's failure to give an instruction to the jury in an assault with a deadly weapon and by means of force likely to produce great bodily injury? (California, United States of America)
What is the effect of the trial court's failure to instruct on aiding and abetting? (California, United States of America)
Does the court have a duty to instruct the jury on the elements of battery, false imprisonment, and assault with a deadly weapon? (California, United States of America)
What is the effect of the Court of Appeal's failure to give an unanimity instruction on the theory of first degree murder? (California, United States of America)
What is the effect of the Court of Appeal's failure to provide a standard burden of proof instruction such as CALJIC 2.90? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
