Does the court have to instruct the jury on the defense in the absence of a request by trial counsel?
California, United States of America
The following excerpt is from People v. Richardson, F075994 (Cal. App. 2020):
court otherwise properly instructed the jury on [these] element[s], it was not required to instruct on the defense in the absence of a request by trial counsel." (Id. at p. 874.) "[T]he burden therefore was upon [Richardson] to request that the jury be instructed" regarding consent, "and his failure to do so forfeited any claim of error in this regard." (People v. Jennings (2010) 50 Cal.4th 616, 675.)
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