What is the impact of a flawed instruction in a murder trial?
California, United States of America
The following excerpt is from People v. Ramirez, G044703 (Cal. App. 2014):
Moreover, we cannot say the flawed instruction was harmless beyond a reasonable doubt. (People v. Samaniego (2009) 172 Cal.App.4th 1148, 1165.) While we agree there was sufficient evidence from which the jury could have reasonably concluded Armendariz personally premeditated the murders, that conclusion was by no means
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