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.)
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