What is the standard of review in a challenge to a jury instruction?

California, United States of America


The following excerpt is from People v. Montano, A139919 (Cal. App. 2019):

In reviewing a challenge to a jury instruction, the appellate court must consider the instructions as a whole and assume that jurors are capable of understanding and correlating all of the instructions given to them. (People v. Fitzpatrick (1992) 2 Cal.App.4th 1285, 1294.) The standard of review in an appellate challenge to the accuracy or adequacy of an instruction is whether there is a reasonable likelihood that the jury applied the instruction in a way that denied fundamental fairness. (Estelle v. McGuire (1991) 502 U.S. 62, 72-73 [we evaluate the whole record, including instructions in their entirety and arguments of counsel].)

Other Questions


In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
What is the standard of review for a challenge to a trial court's failure to instruct on a lesser included offense? (California, United States of America)
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 standard of review for a plaintiff to challenge their jury instructions? (California, United States of America)
What is the effect of challenged instruction in the context of the "jury likely to have done" in the absence of the challenged instruction? (California, United States of America)
When a defendant challenges the sufficiency of the evidence in a proceeding under the SVPA, what is the standard of review required for this type of challenge? (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 is the applicable standard of review for an application of the independent review test? (California, United States of America)
On appeal, what is the standard of review in the context of a motion for summary review of the facts of the case? (California, United States of America)
What is the standard of review used to determine whether jury instructions state the law? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.