Is a federal court's failure to instruct on a defendant's theory of the case reversible?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sabha, 993 F.2d 886 (9th Cir. 1993):
We review de novo a district court's failure to instruct on a defendant's theory of the case. It is not reversible error if the other instructions in their entirety cover the defense theory. United States v. Lopez, 885 F.2d 1428, 1434 (9th Cir.1989), cert. denied, 493 U.S. 1032 (1990).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
Can a federal habeas court review a claim made by a state court against a federal defendant? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Does a failure of a state court to instruct on a lesser offence present a federal constitutional question in a federal habeas corpus proceeding? (MultiRegion, United States of America)
Is it reversible error to reject a defendant's instruction on his theory of the case if other instructions adequately cover that defense? (MultiRegion, United States of America)
Can a federal court order that a defendant be held in contempt of court for failing to comply with a federal contempt order? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
