What is the effect of misdirection by the Court of Appeal on a jury?
California, United States of America
The following excerpt is from People v. Lawson, 189 Cal.App.3d 741, 234 Cal.Rptr. 557 (Cal. App. 1987):
Out of necessity, the appellate court presumes the jurors faithfully followed the trial court's directions, including erroneous ones. Therefore, it must be accepted the jurors failed to deliberate on any element taken from the jury by the court's misdirection. (Sparf and Hansen v. United States (1895) 156 U.S. 51, 15 S.Ct. 273, 39 L.Ed. 343.)
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