Tag Archives: Duty to Request Instruction

Trial Counsel Has Duty to Request Clarification or Modification of “Otherwise Correct” Instruction but Instruction Which Is “Incorrect in Law” May Be Reviewed on Appeal Without Objection Below
September 12th, 2018

In People v. Capistrano (2014) 59 Cal.4th 830, 875, fn. 11 the attorney general contended that the defendant forfeited any objection to various instructions because he failed to object to them in the trial court. The CSC responded by differentiating between an instruction which is “incorrect in law” — which does not require an instruction […]

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Instruction Concerning Double-Counting of Aggravating Factor must Be Requested
July 28th, 2016

People v. Salazar (2016) 63 C4th 214, 254 held that the double counting instruction must be requested: “Defendant claims his prior murder conviction was improperly used both as a special circumstance under section 190.2, subdivision (a) and as an aggravating factor under section 190.3, factors (b) and (c). He contends the jury should have been […]

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