Is a defendant entitled to an instruction on defense theory that (1) has some foundation in the evidence presented?
The following excerpt is from United States v. Barragan, No. 13-50516, No. 13-50518, No. 13-50525, No. 13-50531 (9th Cir. 2017):
A defendant is entitled to an instruction on a defense theory that (1) has some foundation in the evidence presented, (2) is supported by law, and (3) is not adequately covered by other instructions. United States v. Thomas, 612 F.3d 1107, 1120 (9th Cir. 2010). We review for abuse of discretion whether an instruction is grounded in the evidence, and de novo whether an instruction is supported by law or adequately covered by other instructions. Id. at 1120-22.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
