Is there a duty to instruct on self-defense in the context of an assault case?
California, United States of America
The following excerpt is from People v. Gates, A145821 (Cal. App. 2018):
Gates did not request instructions on self-defense, and he did not rely on a self-defense theory. He flatly denied that he had committed any of the acts of violence of which he stood accused. That does not preclude a duty to instruct on self-defense (see People v. Elize (1999) 71 Cal.App.4th 605, 610-615), but no such duty arose in this case because there was no substantial evidence to support self-defense instructions. In
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