Does a defendant have a right to have the jury determine every material issue presented by the evidence?

California, United States of America


The following excerpt is from People v. Wallace, C082750 (Cal. App. 2020):

A defendant has a " 'right to have the jury determine every material issue presented by the evidence.' " (People v. Flood (1998) 18 Cal.4th 470, 480.) " '[I]n appropriate circumstances' a trial court may be required to give a requested jury instruction that pinpoints a defense theory of the case." (People v. Bolden (2002)

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29 Cal.4th 515, 558.) Still, "a trial court may properly refuse an instruction offered by the defendant if it incorrectly states the law, is argumentative, duplicative, or potentially confusing [citation], or if it is not supported by substantial evidence [citation]." (People v. Moon (2005) 37 Cal.4th 1, 30.)

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