What is a trial court's obligation to instruct a defendant on a particular defense?

California, United States of America


The following excerpt is from People v. Sewell, No. C060587 (Cal. App. 5/4/2010), No. C060587. (Cal. App. 2010):

"In the absence of a request for a particular instruction, a trial court's obligation to instruct on a particular defense arises `"only if [1] it appears that the defendant is relying on such a defense, or [2] if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case."' [Citations.]" (People v. Dominguez (2006) 39 Cal.4th 1141, 1148, quoting People v. Barton (1995) 12 Cal.4th 186, 195, italics added.)

Other Questions


What is a trial court's obligation to instruct a defendant on a particular defense? (California, United States of America)
What is a trial court's obligation to instruct a defendant on a particular defense? (California, United States of America)
What is a trial court duty to instruct a defendant on a particular 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)
What obligations does a trial court have to instruct a defendant on a specific defense? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
What is the duty of a trial court to instruct a defendant on a particular defense? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
When will a trial court instruct the jury on the defense of unconsciousness and self-defense in a case of involuntary manslaughter? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.