In a domestic violence case, in what circumstances will a defense request to amend or amend the standard limiting instruction in an assault case?

California, United States of America


The following excerpt is from People v. Rodriguez, E054701 (Cal. App. 2013):

As far as we are aware, there is no further discussion on the record concerning the instruction, and we have not found either a request by the defense for any further limiting instruction beyond that found in the standard instruction, or for a pinpoint instruction explaining the particular issue as to which the domestic violence incident was relevant. Clarifying instructions or pinpoint instructions are required, if at all, only upon request. (People v. Estrada (1995) 11 Cal.4th 568, 581; People v. Hughes, supra, 27 Cal.4th at p. 361.) Accordingly, the omission of any further limiting instruction was not error.

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