What is the test for adequacy of provocation in a murder case?

California, United States of America


The following excerpt is from People v. Grimes, B290711 (Cal. App. 2020):

No specific type of provocation is necessary; the passion can be anger or rage or any violent or intense emotion other than revenge. (People v. Beltran, supra, 56 Cal.4th at p. 949.) When

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evaluating the adequacy of provocation, the proper inquiry is whether the provocation would cause an emotion "'so intense that an ordinary person would simply react, without reflection,'" obscuring ordinary reason and judgment. (Ibid. [the question is not whether the defendant's homicidal response to the provocation was reasonable, but whether the provocation was sufficient to overcome a reasonable person's reason and judgment].) If sufficient time has elapsed between the provocation and the fatal blow for passion to subside and reason to return, the killing is not voluntary manslaughter. (People v. Moye (2009) 47 Cal.4th 537, 545-550.)

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