Judge’s Duty To Instruct On All Material Issues (Michigan)

A trial court is required to clearly present a case and instruct the jury on the applicable law. People v Katt, 248 Mich App 282, 310; 639 NW2d 815 (2001), aff'd 468 Mich 272 (2003). Accordingly, "[j]ury instructions must include all the elements of the charged offense and not exclude material issues, defenses, and theories if the evidence supports them." People v Canales, 243 Mich App 571, 574; 624 NW2d 439 (2000).

For subscription based briefing and sample instructions on this and related issues see:

Forecite National™
Chapter 3: Duty Of Court Regarding Instructions
3.2 - Duty Of Court To Act On It's Own Motion (Sua Sponte Duties)
Forecite California™
PG V(A) - Sua Sponte Duties