What is the test for determining whether an instructional error during a trial affected the outcome of the trial?
California, United States of America
The following excerpt is from People v. Blakeley, 23 Cal.4th 82, 96 Cal.Rptr.2d 451, 999 P.2d 675 (Cal. 2000):
People v. Watson, supra, 46 Cal.2d at page 836, 299 P.2d 243, requires a reasonable probability, not a mere theoretical possibility, that the instructional error affected the outcome of the trial. For the reasons given above, we do not find such a reasonable probability here.
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