Is a refusal to give a proposed jury instruction reviewed for abuse of discretion or de novo?
MultiRegion, United States of America
The following excerpt is from U.S. v. Frank, 933 F.2d 1491 (9th Cir. 1991):
There is a split of authority in this circuit as to whether the refusal to give a proposed jury instruction is reviewed for abuse of discretion, or de novo. United States v. Slaughter, 891 F.2d 691, 699 (9th Cir.1989). We do not attempt to resolve this conflict in this matter because we conclude that the district court's ruling would not be erroneous under either standard.
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