What is the test for objecting to the wording of a trial court's response to a question from a deliberating jury?

California, United States of America


The following excerpt is from People v. Boelkes, D067993 (Cal. App. 2016):

It is well established that " '[w]hen the trial court responds to a question from a deliberating jury with a generally correct and pertinent statement of the law, a party who believes the court's response should be modified or clarified must make a contemporaneous request to that effect; failure to object to the trial court's wording or to request clarification results in forfeiture of the claim on appeal.' " (People v. Boyce (2014) 59 Cal.4th 672, 699 (Boyce), quoting People v. Dykes (2009) 46 Cal.4th 731, 802 [citing numerous cases].)

b. Ineffective assistance of counsel

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