instruction embodying defense in District of Columbia

2008Refusal to Instruct Jury on Intoxication Appellant argues that the trial court erred in refusing his request for a jury instruction on voluntary intoxication. “[F]ailure to give an instruction embodying a defense theory that negates guilt of the crime charged, when properly requested and supported by any evidence, is nec *65 essarily reversible error.” Gray v. United States, 549 A.2d 347, 350-51 (D.C.1988) (citations omitted).

1997Indeed, although we did not discuss Martin , we have previously held that “failure to give an instruction embodying a defense theory that negates guilt of the crime charged, when properly requested and supported by any evidence, is necessarily reversible error.” Gray v. United States, 549 A.2d 347, 350-51 (D.C.1988) (citations omitted).

2014“Failure to give an instruction embodying a defense theory that negates guilt of the crime charged, when properly requested and supported by the evidence, is necessarily reversible error.” Murphy-Bey v. United States, 982 A.2d 682, 690 (D.C.2009) (internal quotation marks and alteration omitted).

2014For a defendant charged with the use of deadly force to be entitled to a self-defense instruction, he “must have believed that he was in immediate peril of death or serious bodily harm, and that his response was necessary to save himself therefrom.” Harper v. United States, 608 A.2d 152, 155 (D.C.1992) (quoting United States v. Peterson, 483 F.2d 1222, 1229 (D.C.Cir.1973)) (alterations omitted).

2014For a defendant charged with the use of deadly force to be entitled to a self-defense instruction, he “must have believed that he was in immediate peril of death or serious bodily harm, and that his response was necessary to save himself therefrom.” Harper v. United States, 608 A.2d 152, 155 (D.C.1992) (quoting United States v. Peterson, 483 F.2d 1222, 1229 (D.C.Cir.1973)) (alterations omitted).

2009Bell v. United States, 950 A.2d 56, 64-65 (D.C.2008) (quoting Gray v. United States, 549 A.2d 347, 350-51 (D.C.1988)).

2008We have held that “[t]he evidence required to warrant the ‘intoxication-defense’ instruction must reveal such a degree of complete drunkenness that a person is incapable of forming the necessary intent essential to the commission of the crime charged.” (Charles C.) Smith, Sr. v. United States, 309 A.2d 58, 59 (D.C.1973), quoted in Washington v. United States, 689 A.2d 568, 573 (D.C.1997); see also Powell v. United States, 455 A.2d 405 , 412 n. 10 (D.C.1982); Nicholson v. United States, 368 A.2d 561, 565 (D.C.1977); Williams v. United States, 331 A.2d 341, 343 (D.C.1975).

2008We have held that “[t]he evidence required to warrant the ‘intoxication-defense’ instruction must reveal such a degree of complete drunkenness that a person is incapable of forming the necessary intent essential to the commission of the crime charged.” (Charles C.) Smith, Sr. v. United States, 309 A.2d 58, 59 (D.C.1973), quoted in Washington v. United States, 689 A.2d 568, 573 (D.C.1997); see also Powell v. United States, 455 A.2d 405 , 412 n. 10 (D.C.1982); Nicholson v. United States, 368 A.2d 561, 565 (D.C.1977); Williams v. United States, 331 A.2d 341, 343 (D.C.1975).

2008We have held that “[t]he evidence required to warrant the ‘intoxication-defense’ instruction must reveal such a degree of complete drunkenness that a person is incapable of forming the necessary intent essential to the commission of the crime charged.” (Charles C.) Smith, Sr. v. United States, 309 A.2d 58, 59 (D.C.1973), quoted in Washington v. United States, 689 A.2d 568, 573 (D.C.1997); see also Powell v. United States, 455 A.2d 405 , 412 n. 10 (D.C.1982); Nicholson v. United States, 368 A.2d 561, 565 (D.C.1977); Williams v. United States, 331 A.2d 341, 343 (D.C.1975).

2008We have held that “[t]he evidence required to warrant the ‘intoxication-defense’ instruction must reveal such a degree of complete drunkenness that a person is incapable of forming the necessary intent essential to the commission of the crime charged.” (Charles C.) Smith, Sr. v. United States, 309 A.2d 58, 59 (D.C.1973), quoted in Washington v. United States, 689 A.2d 568, 573 (D.C.1997); see also Powell v. United States, 455 A.2d 405 , 412 n. 10 (D.C.1982); Nicholson v. United States, 368 A.2d 561, 565 (D.C.1977); Williams v. United States, 331 A.2d 341, 343 (D.C.1975).

2008We have held that “[t]he evidence required to warrant the ‘intoxication-defense’ instruction must reveal such a degree of complete drunkenness that a person is incapable of forming the necessary intent essential to the commission of the crime charged.” (Charles C.) Smith, Sr. v. United States, 309 A.2d 58, 59 (D.C.1973), quoted in Washington v. United States, 689 A.2d 568, 573 (D.C.1997); see also Powell v. United States, 455 A.2d 405 , 412 n. 10 (D.C.1982); Nicholson v. United States, 368 A.2d 561, 565 (D.C.1977); Williams v. United States, 331 A.2d 341, 343 (D.C.1975).

1988E.g., Stack v. United States, supra, 519 A.2d at 154 ; Salley v. United States, 122 U.S.App.D.C. 359, 360 , 353 F.2d 897, 898 (1965), quoting from Levine v. United States, supra. When we have rejected a claim that a certain defense-requested instruction should have been given, we have done so either because the instructions which the court actually gave adequately presented the defense theory, e.g., Montgomery, supra, 384 A.2d at 661 , or because there was no evidentiary support for the requested instruction, e.g., Greenhow, supra, 490 A.2d at 1135 ; Fersner, supra, 482 A.2d at 393 .

1988E.g., Stack v. United States, supra, 519 A.2d at 154 ; Salley v. United States, 122 U.S.App.D.C. 359, 360 , 353 F.2d 897, 898 (1965), quoting from Levine v. United States, supra. When we have rejected a claim that a certain defense-requested instruction should have been given, we have done so either because the instructions which the court actually gave adequately presented the defense theory, e.g., Montgomery, supra, 384 A.2d at 661 , or because there was no evidentiary support for the requested instruction, e.g., Greenhow, supra, 490 A.2d at 1135 ; Fersner, supra, 482 A.2d at 393 .