What is the test for a plaintiff to succeed on a claim of instructional error?

California, United States of America


The following excerpt is from People v. Kendricks, F062491 (Cal. App. 2014):

An instruction is not considered in isolation, but in the context of the court's entire charge to the jury. (People v. Castillo (1997) 16 Cal.4th 1009, 1016.) To succeed on a claim of instructional error, a defendant must show that "there is 'a reasonable likelihood' the jury understood the instructions as the defendant asserts," considering "the specific language challenged, the instructions as a whole and the jury's findings. [Citations.]" (People v. Cain (1995) 10 Cal.4th 1, 36.)

Other Questions


When reviewing a claim of instructional error in a school, how do we review the claims against the teacher? (California, United States of America)
Does the Attorney General have grounds to deny that a plaintiff forfeited his claim of instructional error? (California, United States of America)
Does the error of instructing a jury to find a plaintiff guilty only of second degree murder render harmless to their claim of prejudice? (California, United States of America)
Can a plaintiff bring a claim for instructional error in a civil case? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Does a plaintiff have any claim of error as to the disposition of her claims for breach of contract and gross negligence? (California, United States of America)
What is the test for a claim that appellant forfeited a claim of error by failing to object to the jury instruction? (California, United States of America)
How have courts dealt with claims regarding errors in jury instructions where the record does not show who requested the instructions? (California, United States of America)
Is a defendant's failure to propose any modification to a flight instruction forfeits a claim of instructional error? (California, United States of America)
Does the Attorney General have any authority to deny a defendant a claim of instructional error by failing to object to the instruction at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.