California, United States of America
The following excerpt is from People v. Wallace, C082750 (Cal. App. 2020):
A defendant has a " 'right to have the jury determine every material issue presented by the evidence.' " (People v. Flood (1998) 18 Cal.4th 470, 480.) " '[I]n appropriate circumstances' a trial court may be required to give a requested jury instruction that pinpoints a defense theory of the case." (People v. Bolden (2002)
Page 6
29 Cal.4th 515, 558.) Still, "a trial court may 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. Moon (2005) 37 Cal.4th 1, 30.)
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.