State v. Stenger

Dissenting Opinion by

MOON, C. J.

I agree with Justice Nakayama’s dissent that a trial court does not have a duty to sua sponte instruct the jury on a particular defense “when there is evidence—however weak—that supports the consideration of that issue,” dissenting op. at 301, 226 P.3d at 471, as the majority’s opinion implies. See majority op. at 281-84, 226 P.3d at 451-54. In that regard, I cannot agree with Judge Kim that “it do[es] not ... necessarily follow [] from the majority opinion that[,] as a matter of law, a trial court is hereafter required to instruct the jury sua sponte as to…