California, United States of America
The following excerpt is from People v. Rooks, C069077 (Cal. App. 2012):
4. Defendant asserts that because the instructions given here set out only the "objective" test for heat-of-passion provocation, rather than the "subjective" test for provocation which falls short of that standard (People v. Padilla (2002) 103 Cal.App.4th 675, 679 (Padilla)), the jury was told in effect that "the only yardstick applicable to evaluate a defendant's conduct based on provocation is the ordinary reasonable person standard." Defendant is mistaken. The objective/subjective distinction he cites does not implicate "the ordinary reasonable person standard," Padilla does not so hold, and the jury was not so instructed.
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