What is the test for determining whether there is a reasonable likelihood that the jury misconstrued or misapplied the law?
California, United States of America
The following excerpt is from People v. Mulkey, C063519, Super. Ct. No. CRF08297 (Cal. App. 2012):
the defendant asserts, but rather under the more tolerant test of whether there is a 'reasonable likelihood' that the jury misconstrued or misapplied the law in light of the instructions given, the entire record of trial, and the arguments of counsel." (People v. Dieguez (2001) 89 Cal.App.4th 266, 276 (Dieguez).)
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