Does a defendant have a constitutional right to instruct the jury according to the theory of the case?
MultiRegion, United States of America
The following excerpt is from United States v. Ocampo-Estrada, 868 F.3d 1101 (9th Cir. 2017):
"A criminal defendant has a constitutional right to have the jury instructed according to h[is] theory of the case, provided that the requested instruction is supported by law and has some foundation in evidence." Moe, 781 F.3d at 1127 (emphasis added). The question is whether "there is evidence upon which the jury could rationally sustain the defense." United States v. Jackson, 726 F.2d 1466, 1468 (9th Cir. 1984); accord Moe, 781 F.3d at 1128.
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