Can a defendant refuse an instruction that pinpoints a defense theory of the case?
California, United States of America
The following excerpt is from The People v. Blacher, A124164, No. 05-080631-5 (Cal. App. 2010):
instruction that pinpoints a defense theory of the case, ' " but "may properly refuse an instruction offered by the defendant if it incorrectly states the law, is argumentative, duplicative, or potentially confusing [citation], or if it is not supported by substantial evidence [citation]." (People v. Moon (2005) 37 Cal.4th 1, 30.)
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