Tag Archives: PG VI(A) – Cognizability of Instructional Error on Appeal

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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