What is the error standard for failure to give a unanimity instruction?
California, United States of America
The following excerpt is from People v. Myers, E059430 (Cal. App. 2015):
7. There is currently a split in authority regarding which error standard to use for the failure to give a unanimity instruction. (People v. Matute (2002) 103 Cal.App.4th 1437, 1448-1449.)
"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
Does a failure to instruct on the elements of a second degree murder constitute a "failure to amplify or clarify the correct instruction"? (California, United States of America)
Does the standard of review apply to a claim of error arising from a failure to give an instruction on witness credibility? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Does the failure of evidence and instruction regarding count 4 constitute prejudicial instructional errors? (California, United States of America)
Does a failure to instruct a defendant on intoxication constitute an error in failing to instruct on intoxication? (California, United States of America)
Is a failure to give a unanimity instruction harmless error? (California, United States of America)
Is a defendant's failure to propose any modification to a flight instruction forfeits a claim of instructional error? (California, United States of America)
Is a failure to give unanimity instruction a federal constitutional error? (California, United States of America)
What standard of review applies to a failure to give a unanimity instruction? (California, United States of America)
What is reasonable doubt about whether a court's failure to give unanimity instruction was harmless error? (California, United States of America)
