What is the test for a claim that an instruction to the jury was in error?
California, United States of America
The following excerpt is from People v. Watson, A135300 (Cal. App. 2013):
We conduct a de novo review of a claim that an instruction to the jury was in error: "Whether or not to give any particular instruction in any particular case entails the resolution of a mixed question of law and fact that, we believe, is however predominantly legal. As such, it should be examined without deference." (People v. Waidla (2000) 22 Cal.4th 690, 733.)
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