What is the test for determining whether an instruction restricted a jury's consideration of the evidence?

California, United States of America


The following excerpt is from People v. Avila, E054855 (Cal. App. 2013):

We do not judge a single instruction in isolation, but we review asserted instructional error in the context of the overall charge to the jury. (People v. Huggins (2006) 38 Cal.4th 175, 192.) If a defendant contends an instruction restricted the jury's consideration of the evidence, we determine "whether there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." (Boyde v. California (1990) 494 U.S. 370, 380-381.)

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