Is there any case law where a murder confession does not support a finding of premeditation and deliberation?

California, United States of America


The following excerpt is from People v. Chew, B292936 (Cal. App. 2020):

own murderous rage. (See People v. Wharton (1991) 53 Cal.3d 522, 547 [even though defendant's confession "tend[ed] to paint a picture of a killing during a spontaneous and uncontrolled explosion of anger, frustration, and rage," his account of the killing was "indicative of planning activity" due to evidence he placed murder weapon near crime scene in advance, "'planning to be in a rage'"]; People v. Martinez (1987) 193 Cal.App.3d 364, 372 [sufficient evidence supported findings of premeditation and deliberation, even though "the savagery of the murder could support a finding that [the defendant] acted solely out of an uncontrollable rage," where defendant predicted girlfriend's infidelity and his murderous reaction].)

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