What is the standard of review used to determine whether a jury instruction was incorrect?

California, United States of America


The following excerpt is from People v. Webster, F069405 (Cal. App. 2016):

An independent or de novo standard of review is used to assess whether a jury instruction correctly stated the law or removed an issue from the jury's consideration thereby effectively directing a finding adverse to the defendant. (People v. Posey (2004) 32 Cal.4th 193, 218.)

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