California, United States of America
The following excerpt is from People v. Perezrodas, E065032 (Cal. App. 2017):
We are mindful that, in a murder case, "unless the People's own evidence suggests that the killing may have been provoked or in honest response to perceived danger, it is the defendant's obligation to proffer some showing on these issues sufficient to raise a reasonable doubt of his guilt of murder. ( 189.5, subd. (a); [citations].)" (People v. Rios, supra, 23 Cal.4th at pp. 461-462.) Upon such an affirmative evidentiary showing, by either the defendant or the People's own evidence, "the issue of provocation [i.e., heat of passion] or imperfect self-defense is thus 'properly presented'" to the jury, and this requires the People to prove beyond a reasonable doubt that heat of passion and imperfect
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self-defense were lacking, in order to establish the malice element of murder. (Id. at p. 462, citing Mullaney v. Wilbur, supra, 421 U.S. at pp. 703-704.)
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