California Court of Appeal

Although a defendant convicted of second degree murder is entitled to instruction on the effect of the victim's antecedent assaults on the reasonableness of his conduct, a timely request must be interposed at trial. Defendant has not shown that his trial counsel's failure to request this instruction rendered his assistance ineffective.

Appellate Information

• Decided 07/11/2003
• Published 07/11/2003

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  John Ward, Berkeley, 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, Jeffrey D. Firestone and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent.