What is the test for failing to instruct the jury on an element of the offence?
MultiRegion, United States of America
The following excerpt is from Buford v. Yates, No. CIV S-08-2986 JAM CHS (E.D. Cal. 2010):
Id. (internal citations and quotations omitted). In addition, where a trial court fails to instruct the jury on an element of the offense, the error is subject to harmlessness error review. Neder v. United States, 527 U.S. 1, 18 (1999).
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