California Court of Appeal

Evidence of a hallucination (a perception with no objective reality) is inadmissible to negate malice to mitigate murder to voluntary manslaughter, but is admissible to negate deliberation and premeditation to reduce first degree murder to second degree murder.

Appellate Information

• Decided 11/12/2002
• Published 11/12/2002

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Gordon S. Brownell,St Helena, under appointment by the Court of Appeal, for Defendant and Appellant.,  Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Stan Cross and Patrick J. Whalen, Deputy Attorneys General, for Plaintiff and Respondent.