What is the test for giving a jury an instruction that pinpoints a defense theory of the case?

California, United States of America


The following excerpt is from People v. Loredo, A140364 (Cal. App. 2015):

" 'A trial court must instruct on the law applicable to the facts of the case' " (People v. Hajek and Vo (2014) 58 Cal.4th 1144, 1244, italics in original), and " 'in appropriate circumstances[,]' a trial court may be required to give a requested jury instruction that pinpoints a defense theory of the case . . . . But a trial court need not give a pinpoint instruction if it is argumentative [citation], merely duplicates other instructions [citation], or is not supported by substantial evidence [citation]." (People v. Bolden (2002) 29 Cal.4th 515, 558.) An instruction is argumentative if it is " ' "of such a character as to invite the jury to draw inferences favorable to one of the parties from specified items of evidence." ' " (Hajek and Vo, at p. 1244.)

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