In what circumstances will a jury allow a defendant to present his defense in the absence of jury instructions?
California, United States of America
The following excerpt is from People v. Balassa, F073733 (Cal. App. 2020):
In this case, the question of who inflicted the victims' injuries and how was not at issue and, critically, defendant was not precluded from presenting his defense theory to the jury through the absence of jury instructions or otherwise. Accordingly, we find the decision in People v. Young inapt and conclude the trial court did not err in its instruction to the jury pursuant to CALCRIM No. 505.
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