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

The following excerpt is from Rhinehart v. Spearman, No. 2:15-cv-00122-JKS (E.D. Cal. 2017):

may reject a defendant's requested instruction if other instructions reasonably cover the theory of the defense."); United States v. Del Muro, 87 F.3d 1078, 1081 (9th Cir. 1996) (per curiam) (It "is not reversible error to reject a defendant's proposed instruction on his theory of the case if other instructions, in their entirety, adequately cover that defense theory." (citation and internal quotation marks omitted)).

Other Questions


Does a jury's instructions adequately cover the defense theory when the district court rejected a proposed instruction? (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 jury instruction sufficient to adequately cover a defense theory? (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)
Does jury instructions adequately cover the defense theory in eye witness identification? (MultiRegion, United States of America)
Does the jury's instructions adequately cover the defense theory of the case? (MultiRegion, United States of America)
Does the doctrine of defense constitute a "theory of defense" instruction to the jury? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
Does a federal district court commit reversible error by failing to give a jury a self-defense jury instruction? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.