What is the test for instructing a jury in a sexual assault case?
California, United States of America
The following excerpt is from People v. Panah, 107 P.3d 790, 25 Cal.Rptr.3d 672, 35 Cal.4th 395 (Cal. 2005):
"A trial court must instruct on the law applicable to the facts of the case. [Citation.] In addition, a defendant has a right to an instruction that pinpoints the theory of the defense. [Citation.] The court must, however, refuse an argumentative instruction, that is, an instruction `of such a character as to invite the jury to draw inferences favorable to one of the
[107 P.3d 748]
parties from specified items of evidence.'" (People v. Mincey (1992) 2 Cal.4th 408, 437, 6 Cal.Rptr.2d 822, 827 P.2d 388.)[107 P.3d 748]
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