Is there substantial evidence to support giving an unreasonable self-defense instruction?

California, United States of America


The following excerpt is from People v. Davis, E060920 (Cal. App. 2015):

Defendant's argument that there was substantial evidence (People v. Breverman (1998) 19 Cal.4th 142, 162) to support the giving of an unreasonable self-defense instruction is lacking. Defendant correctly points out that "there was clear evidence that [he] actually believed that he was in imminent danger of suffering great bodily injury and

Page 11

Other Questions


Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
Is there sufficient evidence to support appellant's claim that insufficient evidence supports his claim that he was convicted of failing to follow an instruction? (California, United States of America)
When determining whether there is substantial evidence to support a conviction, what is the test for substantial evidence? (California, United States of America)
Is a failure to instruct sua sponte on a lesser included offense that is supported by the evidence that supports the evidence? (California, United States of America)
Is a federal or state law error for failing to instruct on a requested affirmative defense instruction supported by substantial evidence? (California, United States of America)
When the evidence is sufficient to sustain some but not all alleged damages, when the evidence does not support all of the damages, will the court reduce the judgment to the amount supported by the evidence? (California, United States of America)
When there is evidence of an accomplice giving instructions to a jury in a criminal case, what is the duty of the trial court to give the jury instructions? (California, United States of America)
What is the test for establishing substantial evidence in a motion to overturn a decision of the trial court based upon the absence of substantial evidence to support it? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.