How has the Court treated the issue of whether the word "supervisor" was in the original proposed jury instruction?

California, United States of America

The following excerpt is from Bock v. City of Healdsburg, A132200 (Cal. App. 2012):

Preliminarily, we reject respondent's contention that this issue was waived because the appellate record does not contain the form of the original proposed jury instruction. It may be true that it is unclear whether appellant originally proposed that the instruction include the word "manager," as opposed to the similar word ("supervisor") that was ultimately included in the instruction. However, it is abundantly clear from a review of the reporter's transcript that appellant's counsel objected to language regarding whether the supervisor be a decision maker, which is the gravamen of her argument on appeal. By objecting to the phrase that appellant complains about on appeal, appellant certainly did not "invite" any error, as respondent suggests. In any event, no objection is necessary to preserve a challenge that a jury instruction misstates the law in any event. (Code Civ. Proc., 647; Lund v. San Joaquin Valley Railroad (2003) 31 Cal.4th 1, 7.)

Other Questions

How have the Courts treated the issue of whether defense counsel has forfeited the issue by failing to raise it below? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
How have the courts treated the issue of whether or not a defendant committed a robbery if they took tools for no reason? (California, United States of America)
How have courts treated the issue of electronic surveillance in a juvenile court case? (California, United States of America)
How have the courts treated the issue of forfeiture in the context of instructional error? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
How does the Court treat a claim by a defendant that an issue raised and decided in the trial court resulted in constitutional violations? (California, United States of America)
How have courts treated a defendant's claim that the trial court erred by refusing to instruct on the elements of rape and sodomy generally? (California, United States of America)
How has the court treated the issue of "inappropriate" instruction in a criminal case? (California, United States of America)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.