defendant requests instruction in District of Columbia

2022“Generally, [w]hen a defendant requests an instruction on a theory of the case that negates his guilt of the crime charged, and that instruction is supported by any evidence, however weak, an instruction stating the substance of the defendant’s theory must be given.” Higgenbottom v. United States, 923 A.2d 891, 899 (D.C. 2007) (quoting Gray v. United States, 549 A.2d 347, 349 (D.C. 1988)).

2007Generally, “[w]hen a defendant requests an instruction on a theory of the case that negates his guilt of the crime charged, and that instruction is supported by any evidence, however weak, an instruction stating the substance of the defendant’s theory must be given.” Gray v. United States, 549 A.2d 347, 349 (D.C.1988) (citing, among other cases, Stack v. United States, 519 A.2d 147, 154 (D.C.1986)).

2007Generally, “[w]hen a defendant requests an instruction on a theory of the case that negates his guilt of the crime charged, and that instruction is supported by any evidence, however weak, an instruction stating the substance of the defendant’s theory must be given.” Gray v. United States, 549 A.2d 347, 349 (D.C.1988) (citing, among other cases, Stack v. United States, 519 A.2d 147, 154 (D.C.1986)).

1988Stack v. United States, 519 A.2d 147, 154 (D.C.1986); Greenhow v. United States, 490 A.2d 1130, 1133 (D.C.1985); Fersner v. United States, 482 A.2d 387, 392 (D.C.1984); Montgomery v. United States, 384 A.2d 655, 660 (D.C.1978).

1994MACK, Senior Judge, dissenting: Today the majority pays lip-service to an exacting standard of criminal law that is well-nigh axiomatic: "[W]hen a defendant requests an instruction on [a] theory of the case" that negates his guilt of the crime charged, and "that instruction is supported by `any evidence, however weak,' an instruction stating the substance of the [defendant's theory] must be given." Henderson v. United States, 619 A.2d 16, 19 (D.C.1992) (quoting Gethers v. United States, 556 A.2d 201, 204 (D.C.1989) (emphasis in original) (quoting Gray v. United States, 549 A.2d 347, 349 (D.C.1

1994MACK, Senior Judge, dissenting: Today the majority pays lip-service to an exacting standard of criminal law that is well-nigh axiomatic: “[W]hen a defendant requests an instruction on [a] theory of the case” that negates his guilt of the crime charged, and “that instruction is supported by ‘any evidence, however weak,’ an instruction stating the substance of the [defendant’s theory] must be given.” Henderson v. United States, 619 A.2d 16, 19 (D.C.1992) (quoting Gethers v. United States, 556 A.2d 201, 204 (D.C.1989) (emphasis in original) (quoting Gray v. United States, 549 A.2d 347, 349 (D.C.1

2024“Once the defendant requests an instruction, it is not necessary that the evidentiary basis for the instruction stem from the defendant’s evidence; it may also be derived from the government’s evidence.” McClam v. United States, 775 A.2d 1100, 1104 (D.C. 2001).

2022“Generally, [w]hen a defendant requests an instruction on a theory of the case that negates his guilt of the crime charged, and that instruction is supported by any evidence, however weak, an instruction stating the substance of the defendant’s theory must be given.” Higgenbottom v. United States, 923 A.2d 891, 899 (D.C. 2007) (quoting Gray v. United States, 549 A.2d 347, 349 (D.C. 1988)).

2021We review a trial court’s decision on whether to give a requested jury instruction for abuse of discretion, viewing the instructions as a whole, and considering the record in the light most favorable to the requesting party. 50 “When a defendant requests an instruction on a theory of the case that negates his guilt of the crime charged, and that instruction is supported by any evidence, however weak, 50 Washington v. United States, 111 A.3d 16, 23 (D.C. 2015) (holding that trial court did not abuse its discretion in declining to give missing evidence instruction). 36 an instruction stating the

2001See Wilson v. United States, 673 A.2d 670, 673 (D.C.1996) (“[A]n accused is entitled to a self-defense instruction if the evidence, either that of the defense or prosecution, fairly raises the issue”) (emphasis added) (quoting Guillard v. United States, 596 A.2d 60, 63 (D.C.1991)); Reid v. United States, 581 A.2d 359, 367 (D.C.1990) (holding that the testimony of the defendant is not necessary to put a claim before the jury).

2001See Wilson v. United States, 673 A.2d 670, 673 (D.C.1996) (“[A]n accused is entitled to a self-defense instruction if the evidence, either that of the defense or prosecution, fairly raises the issue”) (emphasis added) (quoting Guillard v. United States, 596 A.2d 60, 63 (D.C.1991)); Reid v. United States, 581 A.2d 359, 367 (D.C.1990) (holding that the testimony of the defendant is not necessary to put a claim before the jury).

2001See Wilson v. United States, 673 A.2d 670, 673 (D.C.1996) (“[A]n accused is entitled to a self-defense instruction if the evidence, either that of the defense or prosecution, fairly raises the issue”) (emphasis added) (quoting Guillard v. United States, 596 A.2d 60, 63 (D.C.1991)); Reid v. United States, 581 A.2d 359, 367 (D.C.1990) (holding that the testimony of the defendant is not necessary to put a claim before the jury).

1994MACK, Senior Judge, dissenting: Today the majority pays lip-service to an exacting standard of criminal law that is well-nigh axiomatic: "[W]hen a defendant requests an instruction on [a] theory of the case" that negates his guilt of the crime charged, and "that instruction is supported by `any evidence, however weak,' an instruction stating the substance of the [defendant's theory] must be given." Henderson v. United States, 619 A.2d 16, 19 (D.C.1992) (quoting Gethers v. United States, 556 A.2d 201, 204 (D.C.1989) (emphasis in original) (quoting Gray v. United States, 549 A.2d 347, 349 (D.C.1

1994MACK, Senior Judge, dissenting: Today the majority pays lip-service to an exacting standard of criminal law that is well-nigh axiomatic: “[W]hen a defendant requests an instruction on [a] theory of the case” that negates his guilt of the crime charged, and “that instruction is supported by ‘any evidence, however weak,’ an instruction stating the substance of the [defendant’s theory] must be given.” Henderson v. United States, 619 A.2d 16, 19 (D.C.1992) (quoting Gethers v. United States, 556 A.2d 201, 204 (D.C.1989) (emphasis in original) (quoting Gray v. United States, 549 A.2d 347, 349 (D.C.1

1989(Citations and footnotes omitted.) See also United States v. Alston, 179 U.S.App.D.C. 129, 134 , 551 F.2d 315, 320 (1976). 5 In Gray v. United States, supra, this court reiterated that when a defendant requests an instruction on his theory of the case, including alibi, and when that instruction is supported by “any evidence, however weak,” an instruction stating the substance of the defense must be given. 549 A.2d at 349 .

1989(Citations and footnotes omitted.) See also United States v. Alston, 179 U.S.App.D.C. 129, 134 , 551 F.2d 315, 320 (1976). 5 In Gray v. United States, supra, this court reiterated that when a defendant requests an instruction on his theory of the case, including alibi, and when that instruction is supported by “any evidence, however weak,” an instruction stating the substance of the defense must be given. 549 A.2d at 349 .

1988Stack v. United States, 519 A.2d 147, 154 (D.C.1986); Greenhow v. United States, 490 A.2d 1130, 1133 (D.C.1985); Fersner v. United States, 482 A.2d 387, 392 (D.C.1984); Montgomery v. United States, 384 A.2d 655, 660 (D.C.1978).

1988Stack v. United States, 519 A.2d 147, 154 (D.C.1986); Greenhow v. United States, 490 A.2d 1130, 1133 (D.C.1985); Fersner v. United States, 482 A.2d 387, 392 (D.C.1984); Montgomery v. United States, 384 A.2d 655, 660 (D.C.1978).

1988Stack v. United States, 519 A.2d 147, 154 (D.C.1986); Greenhow v. United States, 490 A.2d 1130, 1133 (D.C.1985); Fersner v. United States, 482 A.2d 387, 392 (D.C.1984); Montgomery v. United States, 384 A.2d 655, 660 (D.C.1978).