What is the duty of a trial court to instruct a defendant on a particular defense?

California, United States of America


The following excerpt is from The People v. Carrillo, B215973, No. NA077952 (Cal. App. 2010):

A trial court's duty to instruct, sua sponte, on particular defenses arises only if it appears that the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case. (People v. Maury (2003) 30 Cal.4th 342, 424.) ""'[A]n honest and reasonable belief in the existence of circumstances, which, if true, would make the act for which the person is indicted an innocent act, has always been held to be a good

Page 12

Other Questions


What is a trial court duty 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)
What is a trial court's obligation 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)
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 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)
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)
How have courts treated a defendant's claim that the trial court erred by refusing to instruct on the elements of rape and sodomy generally? (California, United States of America)
Is a defendant's contention that the trial court erred in denying defense counsel's request for an instruction identifying mitigating factors? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.