What are the requirements for a trial judge to instruct a jury to consider substantial evidence in their instructions?

California, United States of America


The following excerpt is from People v. Chavez, E054719 (Cal. App. 2013):

"'[A] trial judge must only give those instructions which are supported by substantial evidence[.]' [Citations.]" (People v. Larsen (2012) 205 Cal.App.4th 810, 823.) "Substantial evidence in this context is evidence sufficient to deserve consideration by the jury, not whenever any evidence is presented, no matter how weak. [Citations.] [Citation.]" (Ibid., internal quotations omitted.) We review alleged instructional errors de novo. (People v. Burch (2007) 148 Cal.App.4th 862, 870.)

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