How have courts dealt with the issue of self-defense instruction in a murder case?

California, United States of America


The following excerpt is from People v. Harris, F071077 (Cal. App. 2017):

Relying on the decision in People v. Leeds (2015) 240 Cal.App.4th 822 (Leeds), defendant claims on appeal that the trial court erred during the sanity phase when it failed to give the jury a modified self-defense instruction and the error was prejudicial, entitling him to reversal of the sanity finding on the murder count. Alternatively, defendant argues that if we find no sua sponte instructional duty and instead determine it was the duty of defense counsel to request a pinpoint instruction on the issue, counsel's failure to do so constituted ineffective assistance of counsel. Defendant also claims the trial court erred in imposing a concurrent sentence for his arson conviction rather than staying the sentence under section 654, which prohibits multiple punishment for crimes committed pursuant to a single intent and objective. (People v. Corpening (2016) 2 Cal.5th 307, 311-312 (Corpening).)

Other Questions


How have courts used the felony murder special circumstance findings to demonstrate that instructional errors on other aspects of the murder instructions are harmless? (California, United States of America)
What are the findings of the California Superior Court of Appeal on the grounds that the instructions given by defendant in his conspiracy to commit felony murder were not tantamount to felony murder instructions? (California, United States of America)
How have courts dealt with the issue of unanimity in an instruction in a civil case? (California, United States of America)
How have the courts interpreted the instructions in the context of manslaughter instructions in cases where the instruction was limited or limited? (California, United States of America)
How have the courts dealt with the issue of improper jury instruction in a civil case? (California, United States of America)
How have the courts dealt with the issue of forfeiture of evidence in a murder case? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
How have courts dealt with the issue of good faith showing in a motion where a witness has absconded from court? (California, United States of America)
How have courts dealt with the issue of prosecutorial discovery in criminal cases? (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.