Can a trial court refuse an instruction highlighting the defense theory if it is "duplicative or potentially confusing"?
California, United States of America
The following excerpt is from People v. Downs, B264131 (Cal. App. 2016):
The trial court may properly refuse an instruction highlighting a defense theory if it is "duplicative or potentially confusing." (People v. Gonzales (2012) 54 Cal.4th 1234, 1276.) "[W]here standard instructions fully and adequately advise the jury upon a particular issue, a pinpoint instruction on that point is
Page 10
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If there was substantial evidence of imperfect self-defense not inconsistent with the defense theory of the case, does the trial court have a sua sponte duty to instruct a defendant not to testify? (California, United States of America)
Does a trial court err by refusing to instruct on defense of another defense? (California, United States of America)
Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)
Does a trial court have to instruct on unreasonable self-defense or defense of others? (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)
Does the trial court err in refusing to give a imperfect self-defense instruction? (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)
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)
When will a trial court instruct the jury on the defense of unconsciousness and self-defense in a case of involuntary manslaughter? (California, United States of America)
What is a trial court's duty to instruct sua sponte on certain self-defense defenses? (California, United States of America)
