California, United States of America
The following excerpt is from People v. Blackshire, C079730 (Cal. App. 2017):
"When an appellate court addresses a claim of jury misinstruction, it must assess the instructions as a whole, viewing the challenged instruction in context with other instructions, in order to determine if there was a reasonable likelihood the jury applied the challenged instruction in an impermissible manner." (People v. Wilson (2008) 44 Cal.4th 758, 803.) We also consider the arguments made by counsel "in assessing the probable impact of the instruction on the jury." (People v. Young (2005) 34 Cal.4th 1149, 1202.)
Instructional error regarding an element of an offense is reviewed under the harmless-beyond-a-reasonable-doubt standard of Chapman v. California (1967) 386 U.S. 18 [17 L.Ed.2d 705]. (People v. Flood (1998) 18 Cal.4th 470, 502-503.)
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