What is the test for instructing a jury on a defense for which the record contains substantial evidence?

California, United States of America


The following excerpt is from People v. King, A145847 (Cal. App. 2017):

A trial court must instruct on a defense "for which the record contains substantial evidence [citation]evidence sufficient for a reasonable jury to find in favor of the defendant . . . ." (People v. Salas (2006) 37 Cal.4th 967, 982.) "In determining whether the evidence is sufficient to warrant a jury instruction, the trial court does not determine the credibility of the defense evidence, but only whether 'there was evidence which, if believed by the jury, was sufficient to raise a reasonable doubt . . . .' [Citations.]" (Ibid.) Any doubt as to the sufficiency of the evidence to warrant such an instruction should be resolved in the defendant's favor. (People v. Tufunga (1999) 21 Cal.4th 935, 944.) We review de novo the trial court's refusal to give a requested instruction. (People v. Waidla (2000) 22 Cal.4th 690, 733.)

Other Questions


Is a defendant entitled to a jury instruction on any affirmative defense for which the record contains substantial evidence? (California, United States of America)
What is the test for giving a jury instruction on any affirmative defense for which the record contains substantial evidence? (California, United States of America)
Is a defendant entitled to a jury instruction on any affirmative defense for which the record contains substantial evidence? (California, United States of America)
What is the test for instructing a jury on any affirmative defense for which the record contains substantial evidence? (California, United States of America)
Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence? (California, United States of America)
What is the duty of a jury to give instructions on any affirmative defense for which the record contains substantial evidence? (California, United States of America)
Does the fact that defense counsel did not request an instruction for which there is no substantial evidence that the instruction is deficient or futile? (California, United States of America)
Is a federal or state law error for failing to instruct on a requested affirmative defense instruction supported by substantial evidence? (California, United States of America)
If there was substantial evidence of imperfect self-defense not inconsistent with the defense theory of the case, does the trial court have a sua sponte duty to instruct a defendant not to testify? (California, United States of America)
When there is no substantial evidence to warrant a self-defense instruction, does McNeely's contention that counsel's failure to request the instruction constitute ineffective assistance of counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.