What is the standard of review for the legal correctness of an instruction?
California, United States of America
The following excerpt is from People v. Griffin, 15 Cal.Rptr.3d 743, 33 Cal.4th 536, 93 P.3d 344 (Cal. 2004):
The standard of review for the legal correctness of an instruction is independent, inasmuch as the "question is one of law, involving as it does the determination of the applicable legal principles." (People v. Berryman, supra, 6 Cal.4th at p. 1089, 25 Cal.Rptr.2d 867, 864 P.2d 40.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the abuse standard of review apply to any decision by the trial court to instruct or not to instruct? (California, United States of America)
What is the test for determining whether a jury instruction correctly states the law under the independent or de novo standard of review? (California, United States of America)
What is the de novo standard of review applied in assessing whether instructions correctly state the law? (California, United States of America)
What standard of review is applicable in assessing whether instructions correctly state the law? (California, United States of America)
Does the independent or de novo standard of review apply in assessing whether instructions correctly state the law? (California, United States of America)
What standard of review is applicable in assessing whether instructions correctly state the law? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
What standard of review is applicable in assessing whether instructions correctly state the law? (California, United States of America)
What standard of review is applicable in assessing whether instructions correctly state the law? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
