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Mistake of Fact Instructional Error and Prejudice Standard

Did the Court of Appeal err in holding an instructional error on the defense of mistake of fact harmless? In the circumstances of this case, which standard of prejudice applies to an error in instructing on the defense of mistake of fact: that of People v. Watson (1956) 46 Cal.2d 818 or that of Chapman v. California (1967) 386 U.S. 18? (People v. Hendrix (2020) 55 Cal.App.5th 1092, review granted 1/20/2021 (S265668/B298952) [issues limited to those stated in an order issued 1/27/2021].)

Review on this issue has also been granted with briefing deferred in:

  • People v. Franco (Nov. 20, 2020, E069494) [nonpub. opn.], review granted 2/24/2021 (S266338)

Updated: 2/24/2021

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