Is a district court's refusal to instruct on a theory presented by the defense in a civil case error?
MultiRegion, United States of America
The following excerpt is from U.S. v. White, 974 F.2d 1135 (9th Cir. 1992):
The district court's refusal to instruct on a theory presented by the defense is error if the defense's theory is legally sound, is not substantially covered by other instructions, and if a failure to instruct would seriously impair the defendant's ability to present a defense. United States v. Solomon, 825 F.2d 1292, 1295 (9th Cir.1987), cert. denied, 484 U.S. 1046, 108 S.Ct. 782, 98 L.Ed.2d 868 (1988).
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