defense theory instruction (Colorado) · Go Syfert
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defense theory instruction in Colorado

7 Colorado opinions name it 2 courts 1976–2025 1 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
People v. Trujillogreen
colo · 2004 · cited in 1 Colorado opinions naming this issue, 2009–2009
1 sentence

2009What *362 is clear, however, is that failure to give a lesser non-included offense instruction may be harmless-and perhaps may not even be error-if "the defendant's theory could be argued under the other instructions given by the court." Trujillo, 83 P.3d at 645 (stating "error" in such cases "is not prejudicial," and "[nlo error occurs when the trial court refuses to give a defense theory instruction when the contents of other instructions suffice") (internal quotations and other punctuation omitted).

11
People v. Fullergreen
colo · 1989 · cited in 1 Colorado opinions naming this issue, 1992–1992
2 sentences

1992“The general rule in Colorado is that an instruction embodying the defendant’s theory of the ease must be given if there is any evidence in the record to support it.” People v. Fuller, 781 P.2d 647, 651 (Colo.1989); People v. Dillon, 655 P.2d 841, 845 (Colo.1982). “[I]t is ... long recognized that it is not error for a trial court to refuse to give a defense theory instruction when the contents of that instruction is [sic] embodied in other instructions given by the court.” Tippett, 733 P.2d at 1195 . “[A]ll the instructions given must be considered together” when determining whether the jury

1992"The general rule in Colorado is that an instruction embodying the defendant's theory of the case must be given if there is any evidence in the record to support it." People v. Fuller, 781 P.2d 647, 651 (Colo. 1989); People v. Dillon, 655 P.2d 841, 845 (Colo.1982). "[I]t is ... long recognized that it is not error for a trial court to refuse to give a defense theory instruction when the contents of that instruction is [sic] embodied in other instructions given by the court." Tippett, 733 P.2d at 1195 . "[A]ll the instructions given must be considered together" when determining whether the jury

11
People v. Dillongreen
colo · 1982 · cited in 1 Colorado opinions naming this issue, 1992–1992
2 sentences

1992“The general rule in Colorado is that an instruction embodying the defendant’s theory of the ease must be given if there is any evidence in the record to support it.” People v. Fuller, 781 P.2d 647, 651 (Colo.1989); People v. Dillon, 655 P.2d 841, 845 (Colo.1982). “[I]t is ... long recognized that it is not error for a trial court to refuse to give a defense theory instruction when the contents of that instruction is [sic] embodied in other instructions given by the court.” Tippett, 733 P.2d at 1195 . “[A]ll the instructions given must be considered together” when determining whether the jury

1992"The general rule in Colorado is that an instruction embodying the defendant's theory of the case must be given if there is any evidence in the record to support it." People v. Fuller, 781 P.2d 647, 651 (Colo. 1989); People v. Dillon, 655 P.2d 841, 845 (Colo.1982). "[I]t is ... long recognized that it is not error for a trial court to refuse to give a defense theory instruction when the contents of that instruction is [sic] embodied in other instructions given by the court." Tippett, 733 P.2d at 1195 . "[A]ll the instructions given must be considered together" when determining whether the jury

11
Bennett v. Peoplegreen
colo · 1969 · cited in 1 Colorado opinions naming this issue, 1976–1976
2 sentences

1976See Bennett v. People, 168 Colo. 360 , 451 P.2d 443 (1969).

1976See Bennett v. People, 168 Colo. 360 , 451 P.2d 443 (1969).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
People v. Tippett green
colo · 1987
2 sentences

1992“The general rule in Colorado is that an instruction embodying the defendant’s theory of the ease must be given if there is any evidence in the record to support it.” People v. Fuller, 781 P.2d 647, 651 (Colo.1989); People v. Dillon, 655 P.2d 841, 845 (Colo.1982). “[I]t is ... long recognized that it is not error for a trial court to refuse to give a defense theory instruction when the contents of that instruction is [sic] embodied in other instructions given by the court.” Tippett, 733 P.2d at 1195 . “[A]ll the instructions given must be considered together” when determining whether the jury

1992"The general rule in Colorado is that an instruction embodying the defendant's theory of the case must be given if there is any evidence in the record to support it." People v. Fuller, 781 P.2d 647, 651 (Colo. 1989); People v. Dillon, 655 P.2d 841, 845 (Colo.1982). "[I]t is ... long recognized that it is not error for a trial court to refuse to give a defense theory instruction when the contents of that instruction is [sic] embodied in other instructions given by the court." Tippett, 733 P.2d at 1195 . "[A]ll the instructions given must be considered together" when determining whether the jury

41992–2025
People v. Lee green
colo · 1980
2 sentences

1987People v. Lee, 199 Colo. 301 , 607 P.2d 998 (1980); People v. Sandoval, 710 P.2d 1159 (Colo.App.1985).

1987People v. Lee, 199 Colo. 301 , 607 P.2d 998 (1980); People v. Sandoval, 710 P.2d 1159 (Colo.App.1985).

11987–1987
People v. Sandoval green
coloctapp · 1985
2 sentences

1987People v. Lee, 199 Colo. 301 , 607 P.2d 998 (1980); People v. Sandoval, 710 P.2d 1159 (Colo. App.1985).

1987People v. Lee, 199 Colo. 301 , 607 P.2d 998 (1980); People v. Sandoval, 710 P.2d 1159 (Colo.App.1985).

11987–1987

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 16-11-309 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CO 7 (1976–2025) CA 5 (2013–2023) DC 3 (1992–2017) MI 2 (1999–2013) NY 2 (2006–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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