What is the test for a requested instruction under the de novo standard of review?
California, United States of America
The following excerpt is from People v. Kennedy, A137227 (Cal. App. 2014):
We review the trial court's decision not to give a requested instruction under the de novo standard of review. (People v. Manriquez (2005) 37 Cal.4th 547, 581, 584.) We conclude that the record here does not contain substantial evidence to support the requested instruction.
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