What is the effect of a court's omission from the written penalty instruction in a motor vehicle case?
California, United States of America
The following excerpt is from Jensen v. BMW of North America, Inc., 35 Cal.App.4th 112, 41 Cal.Rptr.2d 295 (Cal. App. 1995):
We conclude BMW suffered no prejudice from the court's omission. Alerted to its possible mistake, the court immediately directed the jury to a [35 Cal.App.4th 129] specific page in the written instructions. We presume the jury followed the court's instruction to review the civil penalty instruction carefully. (See People v. Harris (1994) 9 Cal.4th 407, 426, 37 Cal.Rptr.2d 200, 886 P.2d 1193.)
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