What is the standard of review for the Court of Appeal to determine whether or not to instruct or admonish a jury in their supervision of a jury?

California, United States of America


The following excerpt is from People v. Gallegos, E052499 (Cal. App. 2012):

least consider how it can best aid the jury. It should decide as to each jury question whether further explanation is desirable, or whether it should merely reiterate the instructions already given.' [Citations.]" (People v. Giardino (2000) 82 Cal.App.4th 454, 465.) "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; People v. Eid (2010) 187 Cal.App.4th 859, 882.)

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