What is the test for a claim-of-right defense?

California, United States of America


The following excerpt is from People v. Campanella, B238565 (Cal. App. 2013):

'"[A] trial court is not required to instruct on a claim-of-right defense unless there is evidence to support an inference that appellant acted with a subjective belief he or she had a lawful claim on the property.' [Citation.] Whether or not the evidence provides the necessary support for drawing that particular inference is a question of law. [Citation.] Although a trial court should not measure the substantiality of the evidence by undertaking to weigh the credibility of the witnesses, the court need not give the requested instruction where the supporting evidence is minimal and insubstantial. . . . [Citations.]" (People v. Barnett (1998) 17 Cal.4th 1044, 1145, fn. omitted.)

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