What is the test for instructing a sua sponte on a defense?
California, United States of America
The following excerpt is from People v. Vasquez, C065319 (Cal. App. 2012):
The trial court must instruct sua sponte on a defense if it appears defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense that is not inconsistent with defendant's theory of the case. (People v. Maury (2003) 30 Cal.4th 342, 424.)
Page 15
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a defendant have a duty to instruct sua sponte on a defense that it is not inconsistent with their own theory of self-defense? (California, United States of America)
What is the test for instructing a sua sponte on a self-defense defense? (California, United States of America)
Is a trial court required to instruct sua sponte on any defense including self-defense? (California, United States of America)
What is the test for instructing a sua sponte on a self-defense defense? (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)
Does a defense argue that a court must instruct sua sponte on presumptions relating to the defense? (California, United States of America)
What is a trial court's duty to instruct sua sponte on certain self-defense defenses? (California, United States of America)
What is the test for instructing a sua sponte on any defense including self-defense? (California, United States of America)
Does a trial court have a duty to instruct a sua sponte on a defense if they are relying on the defense? (California, United States of America)
Does a trial court have a sua sponte obligation to instruct on unreasonable self-defense? (California, United States of America)
