What is the test for determining there is no reasonable probability that the outcome of a jury trial will be affected if the jury failed to follow the correct instructions?
California, United States of America
The following excerpt is from People v. Ortega, C065027 (Cal. App. 2012):
Of course, by this statement, our high court did not preclude the possibility of determining there is no reasonable probability that the outcome was affected when that finding is based on the conclusion that the jury necessarily decided the factual questions posed by the omitted instruction adversely to the defendant under other properly given instructions.
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