What is the test for applying the independent or de novo standard of review to a failure by a trial court to instruct on an uncharged offense that is assertedly lesser than, and included in the charged offense?

California, United States of America


The following excerpt is from People v. Jordan, B231818 (Cal. App. 2012):

"An appellate court applies the independent or de novo standard of review to the failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included, in a charged offense." (People v. Waidla (2000) 22 Cal.4th 690, 733.)

Other Questions


What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the standard of review applied to a failure by a trial court to instruct on an uncharged offense that was assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the standard of review applied to a failure by the trial court to instruct on an assertedly lesser included offense? (California, United States of America)
What is the test for applying the independent or de novo standard of review to a failure by the trial court to instruct on an assertedly included offense? (California, United States of America)
What is the standard of review applied to a trial court's failure to instruct the jury on an assertedly lesser included offense? (California, United States of America)
What is the test for applying the independent or de novo standard of review to a failure by the trial court to instruct on a lesser included offense? (California, United States of America)
Is a failure by a trial court to instruct on an uncharged offense that is assertedly lesser than, and included in the charged offense? (California, United States of America)
What is the standard of review applied to a failure by the trial court to instruct on a lesser included offense? (California, United States of America)
What is the standard of review for a challenge to a trial court's failure to instruct on a lesser included offense? (California, United States of America)
What is the de novo standard of review applied to determine whether the trial court erred in failing to instruct on a lesser included offense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.