California, United States of America
The following excerpt is from People v. Woods, C081813 (Cal. App. 2017):
We apply the same principles of instructional error analysis as articulated in the previous section, keeping in mind that we necessarily must examine the merits of defendant's claim to determine whether his substantial rights were implicated by the errors he alleges. (People v. Franco, supra, 180 Cal.App.4th at p. 719.)
We conclude the trial court correctly conveyed to the jury that it could consider defendant's mental impairment when determining whether he acted in imperfect or complete self-defense, including the related principles of mutual combat and contrived self-defense. If trial counsel wanted a clarifying instruction, he was required to object on those specific grounds, and because he did not, the issue of whether a clarifying instruction about mental impairment was required has been forfeited. (People v. Lang (1989) 49 Cal.3d 991, 1024.) Because the entirety of the court's instructions adequately informed the jury defendant's mental impairment could be considered when determining imperfect and complete self-defense, defense counsel was not ineffective for failing to object or requesting a pinpoint instruction.
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