What is the effect of failing to properly instruct a jury on the circumstantial evidence rule?
California, United States of America
The following excerpt is from People v. Galvan, F068752 (Cal. App. 2016):
The error in failing to properly instruct a jury on the circumstantial evidence rule is reviewed for prejudice under the standard set forth in Watson, supra, 46 Cal.2d at p. 836. (People v. Rogers (2006) 39 Cal.4th 826, 886.) Under that standard, reversal is not required if there is no reasonable probability the outcome of the trial would have been different had the trial court properly instructed the jury. (Ibid.)
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