Is a defendant entitled to an instruction that pinpoint the theory of the defense case?
California, United States of America
The following excerpt is from People v. Belyew, C086800 (Cal. App. 2020):
"A criminal defendant has the right to instructions that pinpoint the theory of the defense case." (People v. Gurule (2002) 28 Cal.4th 557, 660.) A pinpoint instruction is one that does not involve a general principle of law but instead " 'relate[s] particular facts
Page 29
to a legal issue in the case or "pinpoint[s]" the crux of a defendant's case, such as mistaken identification or alibi.' " (People v. Jennings (2010) 50 Cal.4th 616, 675.)
"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.
Other Questions
Is a defendant entitled to access instructions that pinpoint the theory of the defense case? (California, United States of America)
Is a defendant entitled to an argumentative instruction that pinpoints the defense theory of the case? (California, United States of America)
Is a criminal defendant entitled to request instructions that pinpoint the theory of the defense case? (California, United States of America)
If there was substantial evidence of imperfect self-defense not inconsistent with the defense theory of the case, does the trial court have a sua sponte duty to instruct a defendant not to testify? (California, United States of America)
Can a defendant refuse an instruction that pinpoints a defense theory of the case? (California, United States of America)
Is a defendant entitled to an instruction pinpointing the theory of defense? (California, United States of America)
Is a criminal defendant entitled to request an instruction 'pinpointing' the theory of his defense? (California, United States of America)
Is a defendant entitled to an instruction that pinpoints the theory of the defense? (California, United States of America)
What is the test for giving a jury instruction that pinpoints a defense theory of the case? (California, United States of America)
Is a defendant entitled to an instruction pinpointing the defense? (California, United States of America)
