What is the test for giving a requested jury instruction that pinpoints a defense theory of the case?
California, United States of America
The following excerpt is from People v. Homme, 2d Crim. No. B247432 (Cal. App. 2014):
"Under appropriate circumstances, 'a trial court may be required to give a requested jury instruction that pinpoints a defense theory of the case . . . .'" (People v. Coffman and Marlow (2004) 34 Cal.4th 1, 99.) However, a trial court need not give a pinpoint instruction that duplicates other instructions. (Ibid.) The court may also
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properly refuse proffered instructions that are not supported by substantial evidence or that highlight specific evidence or testimony. (People v. Bolden (2002) 29 Cal.4th 515, 558.)
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