What is the standard of review for a jury instruction error claim?

California, United States of America


The following excerpt is from People v. Cabrera, H037730 (Cal. App. 2013):

We consider a claim of instructional error under the de novo standard of review. Nevertheless, " ' "[i]n determining whether error has been committed in giving or not giving jury instructions, we must consider the instructions as a whole . . . [and] assume that the jurors are intelligent persons and capable of understanding and correlating all jury instructions which are given.". . .' " (People v. Ramos (2008) 163 Cal.App.4th 1082, 1088.)

Other Questions


When reviewing a claim of instructional error in a school, how do we review the claims against the teacher? (California, United States of America)
What is the standard of review for a claim of instructional error? (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)
What is the standard of review for claims of instructional error? (California, United States of America)
What is the test for review of an instruction in the Superior Court of Appeal where the instruction in error was found to be in error? (California, United States of America)
What is the standard of review of claims of instructional error in a jury trial? (California, United States of America)
In reviewing a claim of insufficient evidence, what is the standard of review in the context of a claim for insufficient evidence? (California, United States of America)
What is the standard of review for a jury instruction error claim? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
What is the standard of review in cases involving alleged instructional errors? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.