What is the legal adequacy of a jury instruction de novo in a murder case?
California, United States of America
The following excerpt is from People v. Warner, A152049 (Cal. App. 2021):
Instructions regarding the elements of a crime, including instructions as to malice with respect to murder, affect the substantial rights of the defendant, and are appropriately reviewed on appeal even in the absence of an objection in the trial court. ( 1259; People v. Hillhouse (2002) 27 Cal.4th 469, 503.) We review the legal adequacy of a jury instruction de novo. (Cole, supra, 33 Cal.4th at p. 1211.)
3. Analysis
"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
What are the legal adequacy of jury instructions in a case where a jury was instructed to acquit a defendant of unreasonable self-defense? (California, United States of America)
What is the legal adequacy of a jury's instruction in a murder case? (California, United States of America)
Can a defendant who requests instruction on a lesser-related charge of assault that includes the elements of implied malice murder be able to complain about the second degree murder instruction on appeal? (California, United States of America)
Is there any case law where a jury has been instructed to use the same or similar language as the standard instructions in a personal injury case? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
What are the findings of the California Superior Court of Appeal on the grounds that the instructions given by defendant in his conspiracy to commit felony murder were not tantamount to felony murder instructions? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
In a second degree murder case, in what circumstances would have been a manslaughter verdict if the jury had been given the same instructions on the subject of murder and manslaughter? (California, United States of America)
Is there any case law where a jury has been instructed to use the same or similar language as the standard instructions in a personal injury case? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
