What is the standard of review used by the California Superior Court to determine the adequacy of jury instructions?
California, United States of America
The following excerpt is from People v. Phillips, B265394 (Cal. App. 2017):
"We apply a de novo standard of review in assessing whether jury instructions correctly state the law or whether they effectively direct a finding adverse to a defendant by removing an issue from the jury's consideration. [Citation.] '[T]he proper test for judging the adequacy of instructions is to decide whether the jury was fully and fairly instructed on the applicable law.' [Citation.]" (People v. Dowdell (2014) 227 Cal.App.4th 1388, 1418.)
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