In reviewing a purportedly erroneous instruction, what is the test for determining whether the jury has applied the instruction in a way that violates the Constitution?
California, United States of America
The following excerpt is from People v. Garcilazo, B285170 (Cal. App. 2019):
In reviewing a purportedly erroneous instruction, we ask whether there is a reasonable likelihood the jury has applied the instruction in a way that violates the Constitution. (People v. Richardson, supra, 43 Cal.4th at p. 1028.) An instruction must be viewed in the context of the overall charge, which we presume jurors grasp. (Ibid.)
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