What is the effect of challenged instruction in the context of the "jury likely to have done" in the absence of the challenged instruction?
California, United States of America
The following excerpt is from People v. Hart, H041534 (Cal. App. 2016):
The question before us is what the "jury is likely to have done in the absence of the" challenged instruction. (People v. Breverman (1998) 19 Cal.4th 142, 177.) "In making that evaluation, [we] may consider, among other things, whether the evidence supporting the existing judgment is so relatively strong, and the evidence supporting a
Page 8
"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 is the difference between the written and oral versions of jury instructions in a jury trial and the written version of the instructions given to the jury? (California, United States of America)
Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)
Does a jury have to consider whether a jury has been instructed to disregard an instruction from the Court of Appeal that is not supported by how the jury views the evidence? (California, United States of America)
How have the courts instructed the jury to consider jury instructions in the context of the facts of a case? (California, United States of America)
Is there any case law where a prosecutor's argument that a jury would be "damaging" to the jury has been interpreted in the context of a jury trial? (California, United States of America)
Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (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)
If a jury had been instructed not to use gang related evidence, would the jury have been instructed to exclude the name of the alleged shooter from the photographic line-up? (California, United States of America)
Does the trial court's instructions to the jury that the jury must conclusively accept the previous jury's finding that defendant's guilt has already been decided? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
