Does jury instructions adequately cover the defense theory in eye witness identification?
MultiRegion, United States of America
The following excerpt is from U.S. v. Stevenson, 79 F.3d 1155 (9th Cir. 1996):
We review de novo whether jury instructions adequately cover the defense theory. Warren, 25 F.3d at 895. The giving of a jury instruction is discretionary and it is not necessary for a district court to give an eye witness identification instruction if the issue is covered by other instructions. See United States v. Field, 625 F.2d 862, 872 (9th Cir.1980).
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