California Court of Appeal

The government's appeal contending trial court ruled incorrectly in reducing the defendant's crime to voluntary manslaughter is reversed, as one who provokes a physical encounter by rude challenges to another person to fight, coupled with threats of violence and death, is not entitled to claim that he was provoked into using deadly force when the challenged person responds without apparent or actual use of such force.

Appellate Information

• Decided 12/04/2003
• Published 12/04/2003

Judges

• EPSTEIN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Steve Cooley, District Attorney, Patrick D. Moran and Juliet Schmidt, Deputy District Attorneys for Plaintiff and Appellant.


• For Appellees:
  
• Edward H. Schulman, Los Angeles, under appointment by the Court of Appeal, for Defendant and Respondent.