California, United States of America
The following excerpt is from The People v. Dudley, B212711, No. GA067567 (Cal. App. 2010):
As the People argue, any error in failing to give this instruction was harmless in this case. "The standard of review for erroneous failure to give the cautionary instruction is 'the normal standard of review for state law error: whether it is reasonably probable the jury would have reached a result more favorable to defendant had the instruction been given. [Citations.]'" (People v. Dickey, supra, 35 Cal.4th at p. 905.) In reviewing the record for prejudice, we consider whether "'there was any conflict in the evidence about
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