What is the effect of incorrect voir dire instructions in a murder trial?

California, United States of America


The following excerpt is from People v. Nash, C076359 (Cal. App. 2015):

Defendant contends the trial court erroneously instructed the jury during voir dire that he was guilty of first degree murder and attempted murder and shifted the burden of proof to him. We disagree, reviewing the instructions as a whole. (See People v. Cross (2008) 45 Cal.4th 58, 67 [the correctness of jury instructions is determined by reviewing the instructions as a whole, not just an isolated instruction or part thereof].)

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