In what circumstances will a defendant request modification to the instructions of a jury in a murder case?

California, United States of America


The following excerpt is from People v. Rodrigues, 36 Cal.Rptr.2d 235, 8 Cal.4th 1060, 885 P.2d 1 (Cal. 1994):

[885 P.2d 44] In the first place, if defendant believed the instructions required clarification or modification, it was incumbent upon him to request it. (People v. Johnson, supra, 3 Cal.4th at p. 1236, 14 Cal.Rptr.2d 702, 842 P.2d 1.) In any case, the unmodified instructions correctly guided the jury's consideration of the evidence because, as we have previously explained, there was ample corroborating evidence tending to connect defendant to the planned robbery and burglary, as well as to the murder. Additionally, it must be remembered that the defense relied on an all-or-nothing strategy to cast doubt solely on the issue of identity. Certainly the trial court had no sua sponte duty to make instructional modifications that were arguably inconsistent with, or even detrimental to, that strategy. 44

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