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You are here: Home1 / Appeals2 / Failure to Object to Curative Instruction Precludes Appeal
Appeals, Criminal Law, Evidence

Failure to Object to Curative Instruction Precludes Appeal

A curative instruction regarding admitted evidence was requested by the defendant and the court gave the requested instruction to the jury.  The defendant did not object to the instruction and did not seek a mistrial.  Therefore, the curative instruction “must be deemed to have corrected the error to the defendant’s satisfaction,” precluding appeal on that issue.  People v Mendez, 47, KA 09-01194, 4th Dept. 3-15-13

 

March 15, 2013
Tags: APPEALS, CURATIVE INSTRUCTIONS, Fourth Department, JURY INSTRUCTIONS, PRESERVATION OF ERROR
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