California, United States of America
The following excerpt is from People v. Woods, C081813 (Cal. App. 2017):
issue despite his counsel's failure to object in the trial court. He claims the issue is cognizable because the error implicates his substantial rights and the court had a sua sponte duty to specify the requisite mens rea for voluntary manslaughter and explain its malice-negating properties. Defendant also asserts that his counsel was ineffective for failing to object on these grounds. We disagree. Under our authority of People v. Genovese (2008) 168 Cal.App.4th 817, the instructions adequately informed the jury that intent to kill and conscious disregard mental states apply to voluntary manslaughter and that provocation serves to reduce murder to manslaughter. Because the instructions correctly informed the jury on the law, the trial court did not have a sua sponte duty to specify the mens rea element of voluntary manslaughter or explain its malice-negating properties. For these same reasons, defendant's substantial rights were not affected and his counsel was not ineffective.
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