What is the test for a proposed instruction in a motion where the question to be resolved is whether other instructions adequately covered the defense theory of the case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Medrano, 5 F.3d 1214 (9th Cir. 1993):
Where the question to be resolved is whether other instructions adequately covered the defense theory of the case, our review is de novo. See United States v. Gomez-Osorio, 957 F.2d 636, 642 (9th Cir.1992). The same standard applies to whether the proposed instruction is supported by law. See id. Our review is for an abuse of discretion where the question is whether the factual foundation for a proposed instruction exists. Id.
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