California Court of Appeal

Conviction of first degree murder with a special circumstance finding of lying in wait is affirmed over defendant's claims that: 1) the trial court erroneously failed to instruct on self-defense, imperfect self-defense and provocation/heat of passion theories of voluntary manslaughter, and on provocation as a basis for the reduction of murder from first to second degree; and 2) the evidence was insufficient to support the lying-in-wait special circumstance finding, the court erroneously excluded defense evidence, and a juror's postings on Facebook constituted prejudicial misconduct.

Appellate Information

• Published 2015/12/15

Judges

• DONDERO

Court

• California Court of Appeal

Counsel