What is the effect of a failure to sua sponte instruct the jury with CALCRIM No. 570?
California, United States of America
The following excerpt is from In re Corpus, C081634 (Cal. App. 2017):
In February 2016, the trial court granted defendant's current habeas corpus petition, concluding the trial court's failure to sua sponte instruct the jury with CALCRIM No. 570 was error and the error was not harmless beyond a reasonable doubt under Chapman v. California (1967) 386 U.S. 18. In so concluding, the trial court found defendant's habeas petition was not procedurally barred because, even though the claim
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