Does a defendant have a right to an instruction that pinpoints the theory of the defense?
California, United States of America
The following excerpt is from People v. Barrientos, B227574 (Cal. App. 2012):
"'"[A] defendant has a right to an instruction that pinpoints the theory of the defense . . . ."' [Citation.] The court may, however, 'properly refuse an instruction offered by the defendant if it incorrectly states the law, is argumentative, duplicative, or potentially confusing [citation], or if it is not supported by substantial evidence [citation].'" (People v. Burney (2009) 47 Cal.4th 203, 246.)
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