Does a trial court have a sua sponte obligation to instruct on unreasonable self-defense?

California, United States of America


The following excerpt is from The People v. Murtishaw, No. SCO 19333A, S110541 (Cal. 2011):

the law of the case doctrine. Defendant notes that in rejecting his claim that the trial court had a sua sponte obligation to instruct on unreasonable self-defense, we included a citation to People v. Wickersham (1982) 32 Cal.3d 307. In Wickersham, we characterized unreasonable self-defense as a "defense" such that an instruction on voluntary manslaughter based on this theory was required only if requested or, sua sponte only," 'if it appears that the defendant is relying on such a defense, or if there is substantial evidence supportive of such of a defense and the defense is not inconsistent with the defendant's theory of the case.' " (Id. at pp. 328-329.)

Other Questions


Does a trial court have an obligation to instruct a sua sponte on a voluntary manslaughter based on unreasonable self-defense based on provocation? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
In what circumstances will the jury be instructed to follow the law as instructed, rather than consider any comments by the prosecutor that conflicted with the trial court's instructions? (California, United States of America)
Does a trial court have a sua sponte obligation to give unanimity instruction on the statute of limitations in a conspiracy? (California, United States of America)
Does a defendant have grounds to argue that a trial court prejudicially errs in failing to instruct the jury sua sponte at the penalty phase to disregard the no-sympathy instruction at the guilt phase? (California, United States of America)
Does a trial court have a sua sponte obligation to instruct the jury on the need for corroboration to support the testimony of an accomplice? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
How have courts interpreted the principles defining a trial court's duty to instruct sua sponte on defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.