Is a defendant entitled to an argumentative instruction that pinpoints the defense theory of the case?

California, United States of America


The following excerpt is from People v. Jones, A145796 (Cal. App. 2017):

A defendant is entitled to an instruction that pinpoints the defense theory of the case. (People v. Wright (1988) 45 Cal.3d 1126, 1137.) A defendant is not entitled to an argumentative instruction that " 'select[s] certain material facts, or those which are deemed to be material, and endeavor[s] to force the court to indicate an opinion favorable to the defendant as to the effect of such facts, by incorporating them into instructions containing a correct principle of law.' . . . 'An instruction should contain a principle of law applicable to the case, expressed in plain language, indicating no opinion of the court as to any fact in issue.' " (Id. at p. 1135.)

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