Does a defendant have grounds to argue that the trial court erred in failing to instruct the jury on the defenses of duress and necessity and the lesser included offenses of first degree murder?

California, United States of America


The following excerpt is from People v. Thomas, A142916 (Cal. App. 2016):

Defendant contends the trial court erred in failing to instruct the jury on the defenses of duress and necessity and the lesser included offenses of first degree murder. We review claims of instructional error de novo. (People v. Fiore (2014) 227 Cal.App.4th 1362, 1378.)

Other Questions


Does the trial court erred in failing to include imperfect self-defense as a crime against the person as a lesser included offense of murder? (California, United States of America)
Does a defendant have any grounds to argue that the trial court erred in failing to give the cautionary instruction at the end of trial? (California, United States of America)
What is the test for a defendant's claim that the trial court erred in failing to instruct the jury as to the lesser included offense of involuntary manslaughter? (California, United States of America)
Is a defendant's claim that the trial court erred by instructing the jury on first degree murder because the information alleged only that the murder of Agent Cross was committed with malice aforethought? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
What is the test for a trial court to instruct on second degree murder as a lesser included offense of felony murder? (California, United States of America)
Does a defendant have grounds to argue that a trial court prejudicially errs in failing to instruct the jury sua sponte at the penalty phase to disregard the no-sympathy instruction at the guilt phase? (California, United States of America)
Is a trial court wrongfully instruct the jury on the lesser included offense of second degree murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.