Supreme Court of California

In a second degree murder case, Court of Appeal's judgment reversing defendant's murder conviction based on its determination that the trial court's jury instructional error prejudicial, is reversed and remanded where the evidentiary record supports the trial court's determination that there was insubstantial evidence to warrant instruction on a sudden quarrel/heat of passion theory of voluntary manslaughter.

Appellate Information

• Decided 08/24/2009
• Published 08/24/2009

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Patricia A. Scott, under appointment by the Supreme Court, Alameda, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson, Kristofer Jorstad and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent.