What is the standard of review of claims of instructional error in a jury trial?

California, United States of America


The following excerpt is from People v. Sualez, E065956 (Cal. App. 2017):

We independently review claims of instructional error. (People v. Waidla (2000) 22 Cal.4th 690, 733.) "'In reviewing [a] purportedly erroneous instruction[ ], "we inquire 'whether there is a reasonable likelihood that the jury has applied the challenged instruction in a way' that violates the Constitution." [Citation.] In conducting this inquiry, we are mindful that "'a single instruction to a jury may not be judged in artificial isolation, but must be viewed in the context of the overall charge.'" [Citations.]

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'Additionally, we must assume that jurors are intelligent persons and capable of understanding and correlating all jury instructions which are given.'" (People v. Richardson (2008) 43 Cal.4th 959, 1028.)

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