What is the standard of review for a claim of error in a trial court's response to a juror question?

California, United States of America


The following excerpt is from People v. Olsen, H036654 (Cal. App. 2012):

responsibility for adequate instruction becomes particularly acute when the jury asks specific guidance.' [Citation.]" (Bartosh v. Banning (1967) 251 Cal.App.2d 378, 387.)

The standard of review for a claim of error in the trial court's response to a juror question is abuse of discretion. "An appellate court applies the abuse of discretion standard of review to any decision by a trial court to instruct, or not to instruct, in its exercise of its supervision over a deliberating jury. [Citation.]" (People v. Waidla (2000) 22 Cal.4th 690, 745-746; see also People v. Smithey (1999) 20 Cal.4th 936, 985.)

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