Is a defendant entitled to have the judge instruct the jury on his theory of the case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Jackson, 84 F.3d 1154 (9th Cir. 1996):
"It is settled law that a defendant is entitled to have the judge instruct the jury on his theory of the case, provided that it is supported by law and has some foundation in the evidence." United States v. Sarno, 73 F.3d 1470, 1485 (9th Cir.1995) (quotations omitted). We review for abuse of discretion the district court's "determination of the factual basis for a requested instruction," as well as the "form in which the court has expressed the defendant's theory of the case." Id.
"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 have the judge instruct the jury on his theory of defense? (MultiRegion, United States of America)
Is it reversible error to reject a defendant's instruction on his theory of the case if other instructions adequately cover that defense? (MultiRegion, United States of America)
Is a defendant entitled to be instructed on his theory of the defense? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the standard of review for a defendant's proposed jury instruction on his theory of the case? (MultiRegion, United States of America)
Is a defendant entitled to an instruction on defense theory that (1) has some foundation in the evidence presented? (MultiRegion, United States of America)
What is the test for a proposed instruction in a motion where the question to be resolved is whether other instructions adequately covered the defense theory of the case? (MultiRegion, United States of America)
Is a defendant entitled to a jury instruction on a defense theory for which there is no foundation in the evidence? (MultiRegion, United States of America)
Is a defendant entitled to a jury instruction reflecting his or her theory of defense? (MultiRegion, United States of America)
Is a defendant entitled to a jury instruction on a defense theory for which there is no foundation in the evidence? (MultiRegion, United States of America)
