What is the test for a plaintiff to request modification to his self-defense instruction?
California, United States of America
The following excerpt is from The People v. Robinson, A125455, Super. Ct. No. FCR550172 (Cal. App. 2010):
[Citation.]" (People v. Guiuan (1998) 18 Cal.4th 558, 570; see People v. Miceli (1951) 101 Cal.App.2d 643, 648 [where self-defense instruction adequately conveys the law, defendant must request modification to address a theory of "sudden and perilous" counterassault].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defendant's failure to request additional instructions or request clarification of existing instructions a waiver of their right to complain of any omission on appeal? (California, United States of America)
Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (California, United States of America)
Can a party argue on appeal that the court failed to give a specific instruction when that party did not request such instruction? (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)
Does a modification to plaintiff's liability in a medical malpractice case alter plaintiff's claim for personal injury? (California, United States of America)
Is it harmless error to decline to instruct the jury respecting factors not listed in the requested instruction? (California, United States of America)
Can defense counsel request further instructions to instruct the jury that the absence of mitigation is not an aggravating factor? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
In what circumstances will a defendant request modification to the instructions of a jury in a murder case? (California, United States of America)
Is a defendant's failure to propose any modification to a flight instruction forfeits a claim of instructional error? (California, United States of America)
