Is a sua sponte instruction required for a defense of misidentification?
California, United States of America
The following excerpt is from People v. Trulove, A130481 (Cal. App. 2013):
As we have discussed, a sua sponte instruction is only required for a defense if the theory is not inconsistent with the defense theory of the case. (People v. Burnham, supra, 176 Cal.App.3d at p. 1139.) Defendant argues there was substantial evidence to support a theory of defense of another that is consistent with his misidentification defense.
"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.alexsei.com.
Other Questions
Is a trial court required to instruct sua sponte on any defense including self-defense? (California, United States of America)
What is the test for instructing a sua sponte on a self-defense defense? (California, United States of America)
What is a trial court's duty to instruct sua sponte on certain self-defense defenses? (California, United States of America)
What is the test for instructing a sua sponte on a self-defense defense? (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)
Does a defense argue that a court must instruct sua sponte on presumptions relating to the defense? (California, United States of America)
Does a defendant have a duty to instruct sua sponte on a defense that it is not inconsistent with their own theory of self-defense? (California, United States of America)
What is the test for instructing a sua sponte on any defense including self-defense? (California, United States of America)
Does a trial court have a duty to instruct a sua sponte on a defense if they are relying on the defense? (California, United States of America)
What is the sua sponte duty of a trial court to instruct a defendant on a defense of kidnapping during the commission of a murder? (California, United States of America)
