California, United States of America
The following excerpt is from People v. Grimes, B290711 (Cal. App. 2020):
45 Cal.4th at p. 827 [no instruction on voluntary manslaughter was warranted when defendant denied killing the victim and there was no evidence that the defendant was actually, subjectively, inflamed]; People v. Manriquez (2005) 37 Cal.4th 547, 585 ["There was no showing that defendant exhibited anger, fury, or rage; thus there was no evidence that defendant 'actually, subjectively, kill[ed] under the heat of passion'"; "[t]he subjective element of the heat of passion theory clearly was not satisfied, and for that reason the trial court did not err in refusing to instruct the jury as to heat of passion"].) The court did not err in refusing the voluntary manslaughter/heat-of-passion instruction.
2. The Court's Ruling Denying Grimes's Motion To Suppress His Custodial Interview, While Error, Was Harmless
a. Grimes's custodial interview and motion to suppress
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