California, United States of America
The following excerpt is from People v. Hansen, B283928 (Cal. App. 2019):
appears . . . the defendant is relying on such a defense, or if there is substantial evidence supportive of such a defense and the defense is not inconsistent with the defendant's theory of the case.' [Citation.]" (Ibid.) On appeal of the denial of a jury instruction, we review the record de novo to determine whether it contains substantial evidence to warrant the rejected instruction. (People v. Manriquez (2005) 37 Cal.4th 547, 581.)
Homicide and attempted homicide are justified when they are committed in lawful self-defense. (People v. Elmore (2014) 59 Cal.4th 121, 133-134; 197, 198.) To find that a defendant acted in lawful self-defense, the defendant must reasonably believe that he or she is in imminent danger of being killed or suffering great bodily injury; he or she must reasonably believe that the immediate use of deadly force was necessary to defend against that danger; and he or she must use no more force than was reasonably necessary to defend against that danger. (CALCRIM No. 505.) If the defendant used more force than was reasonable, the killing or attempted killing was not justified. (CALCRIM No. 505.)
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