failure to instruct the jury on the defendant’s theory of the case when there was evidence to support that theory is reversible error
How later courts described this case
- failure to instruct the jury on the defendant’s theory of the case when there was evidence to support that theory is reversible error
- stating rule for self-defense
- a defendant is entitled to have the jury instructed on any theory of the case that is supported by the evidence
- second bracket in original
Written by the judges who cited it.
The opinion
Stephens, J.
¶30 (concurring in part and dissenting in part) — I concur in the majority’s decision to affirm Corey Trosclair’s conviction based on its conclusion that the violation of Trosclair’s confrontation clause rights was harmless error.
¶31 As to codefendant, Kisha Fisher, I agree with Justice González that the trial court properly rejected her proposed affirmative defense instruction. Accordingly, I would also affirm Fisher’s conviction.