Does a sua sponte instruction need to be given on alibi?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lillard, 354 F.3d 850 (9th Cir. 2003):
No case, however, requires the trial court to give a sua sponte instruction on alibi; on the contrary, our precedent establishes that failure to give an alibi instruction is not error if the defendant did not request such an instruction. See United States v. Loya, 807 F.2d 1483, 1493-94 (9th Cir.1987) (holding that the district court's instruction that the jury need not
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