Is there any case law supporting the argument that consent is not sufficient to instruct the jury on consent?
California, United States of America
The following excerpt is from People v. Hernandez, B240884 (Cal. App. 2015):
Defendants rely on People v. Superior Court (Granillo) (1988) 205 Cal.App.3d 1478 to argue that sufficient evidence established that Valdez and Palacios consented to their entry into the casita for the purposes of selling drugs so as to trigger the trial court's duty to instruct the jury on consent. This reliance is misplaced.
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