Just for the record:
When we get to trial, I'm sure there will be a lot of objections by the defense. I thought this would be helpful in understanding why objections and fundamental errors are so important.
Standards of Review
A claim of error in instructing a jury is usually reviewed for abuse of discretion. Miller v. State, 188 N.E.3d 871, 874 (Ind. 2022).
When the defendant “fails to object,” however, she “waives appellate review.” Id. Still, we may review an instruction for fundamental error under a “narrow exception to waiver.” Id. An error is fundamental if it “made a fair trial impossible” or constituted a “clearly blatant violation of basic and elementary principles of due process that presented an undeniable and substantial potential for harm.” Id. (cleaned up). In evaluating the degree of error and its impact on the trial, we take account of any “unusual operative and procedural facts” affecting the case. See Young v. State, 30 N.E.3d 719, 728 (Ind. 2015).