Randall Alan Carder v. California
DueProcess
Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a deadly weapon when petitioner testified, he 'counter-attacked' the complaining witness in self-defense after she attacked petitioner with a knife?
QUESTION(S) PRESENTED ; 1. Did the trial court violate petitioner's due process rights by failing to sua sponte instruct the jury on self-defense to a charge of assault with a deadly weapon when petitioner testified, he “counter-attacked” the complaining witness in self-defense after she attacked petitioner with a knife? 2. Was petitioner's Constitutional right to effective assistance of counsel violated when trial counsel failed to request a self-defense instruction to a charge of assault with a deadly weapon after petitioner testified, he “counter-attacked” the complaining . witness in self-defense when she attacked him with a knife? i