What is the test for giving instructions on imperfect self-defense?

California, United States of America


The following excerpt is from The People v. Avendano, B213372, Los Angeles County Super. Ct. No. TA093637 (Cal. App. 2010):

evidence is evidence of reasonable, credible value." (Ibid) We review a court's refusal to give instructions de novo. (People v. Waidla (2000) 22 Cal.4th 690, 733.) In this case substantial evidence did not support giving instructions on either self-defense or imperfect self-defense.

Other Questions


When there is evidence of an accomplice giving instructions to a jury in a criminal case, what is the duty of the trial court to give the jury instructions? (California, United States of America)
Can a jury find prejudice from a failure to give an aiding and abetting instruction when a defendant has been found guilty under instructions based on direct perpetrator liability? (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)
Does the trial court err in refusing to give a imperfect self-defense instruction? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Is there any error in not giving a unanimity instruction in giving a defendant the same defense to all of the thefts? (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)
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)
What is the test for instructional error in instructing a jury to convict a defendant on imperfect defense of others? (California, United States of America)
How have instructions been interpreted in a sexual assault case where a jury was instructed to give considerable weight to the testimony of an accomplice? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.