What is the test for requesting instructions on a defense if the evidence is substantial?

California, United States of America


The following excerpt is from People v. Cairns, C071042 (Cal. App. 2014):

"Requested instructions on a defense must be given if they are supported by substantial evidence, rather than 'minimal and insubstantial' evidence. (People v. Flannel (1979) 25 Cal.3d 668, 684 [160 Cal.Rptr. 84, 603 P.2d 1].) Evidence is substantial if a reasonable jury could find the existence of the particular facts underlying the instruction. If the evidence is substantial, the trial court is not permitted to determine the credibility of witnesses, which is a task for the jury. [Citations.]" (People v. Lee (2005) 131 Cal.App.4th 1413, 1426.)

Other Questions


Is a federal or state law error for failing to instruct on a requested affirmative defense instruction supported by substantial evidence? (California, United States of America)
Does the fact that defense counsel did not request an instruction for which there is no substantial evidence that the instruction is deficient or futile? (California, United States of America)
Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence? (California, United States of America)
When there is no substantial evidence to warrant a self-defense instruction, does McNeely's contention that counsel's failure to request the instruction constitute ineffective assistance of counsel? (California, United States of America)
If there was substantial evidence of imperfect self-defense not inconsistent with the defense theory of the case, does the trial court have a sua sponte duty to instruct a defendant not to testify? (California, United States of America)
What is substantial evidence applied for a substantial evidence application to review whether an employer failed to pay a certain amount of wages? (California, United States of America)
Can defense counsel request further instructions to instruct the jury that the absence of mitigation is not an aggravating factor? (California, United States of America)
What is the test for instructing a jury on a defense for which the record contains substantial evidence? (California, United States of America)
Is a defendant entitled to a jury instruction on any affirmative defense for which the record contains substantial evidence? (California, United States of America)
Does a jury's failure to instruct on a defense that is supported by substantial evidence require reversal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.