Is a jury instruction sufficient to adequately cover a defense theory?
MultiRegion, United States of America
The following excerpt is from U.S. v. Martinez-Garcia, 95 F.3d 1159 (9th Cir. 1996):
The issue whether the jury instructions, taken in their entirety, adequately cover a defense theory is a question of law, which is reviewed de novo. United States v. Duran, 59 F.3d 938, 940 (9th Cir.), cert. denied, 116 S.Ct. 535, 133 L.Ed.2d 440 (1995). If there is a dispute over whether the required factual foundation for a particular instruction exists, the court reviews for abuse of discretion. 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
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)
Does a jury's instructions adequately cover the defense theory when the district court rejected a proposed instruction? (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)
Does the jury's instructions adequately cover the defense theory of the case? (MultiRegion, United States of America)
Does jury instructions adequately cover the defense theory in eye witness identification? (MultiRegion, United States of America)
Does a "good faith" "puffing" instruction adequately instruct the jury about the gist of a puffing defense? (MultiRegion, United States of America)
Does the court's instruction that the use of the mail must be part of the fraudulent scheme adequately cover this defense? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
Does the doctrine of defense constitute a "theory of defense" instruction to the jury? (MultiRegion, United States of America)
Whether jury instructions omit or misstate elements of a statutory crime or adequately cover a defendant's proffered defense? (MultiRegion, United States of America)
