What is the test for determining that a defective jury instruction "so infected the entire trial that the resulting conviction violates due process"?

MultiRegion, United States of America

The following excerpt is from Carriger v. Lewis, 971 F.2d 329 (9th Cir. 1992):

Our review is limited to determining whether an allegedly defective jury instruction "so infected the entire trial that the resulting conviction violates due process." Cupp v. Naughten, 414 U.S. 141, 147, 94 S.Ct. 396, 400, 38 L.Ed.2d 368 (1973). It is not sufficient that the instruction is erroneous; rather the petitioner must establish that there was a reasonable likelihood that the jury applied the instruction in a way that violated a constitutional right. Estelle v. McGuire, --- U.S. ----, ----, 112 S.Ct. 475, 482, 116 L.Ed.2d 385 (1991).

Page 335

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