What is the test for reversal of a finding of voluntary manslaughter?

California, United States of America


The following excerpt is from The People v. Harding, B212782, No. GA059066 (Cal. App. 2010):

Moreover, even were we to conclude the trial court erred in failing to instruct on voluntary manslaughter based on sudden quarrel/heat of passion or imperfect self-defense, the error was plainly harmless. The failure to instruct on a lesser included offense "is not a structural defect in the proceedings, but mere misdirection of the jury...." (People v. Breverman, supra, 19 Cal.4th at p. 149.) As such, reversal is not required unless an examination of the entire cause, including the evidence, discloses that the error resulted in a miscarriage of justice. (Ibid.) "This test is not met unless it appears 'reasonably probable' the defendant would have achieved a more favorable result had the error not occurred. (People v. Watson (1956) 46 Cal.2d 818, 836....)" (Ibid.)

Other Questions


What is voluntary manslaughter and what is the definition of voluntary manslaughter? (California, United States of America)
Is the Attorney General's request for limited remand for a reversal and reversal of a finding of vehicular manslaughter? (California, United States of America)
Does a jury have a duty to instruct the jury on voluntary manslaughter and attempted voluntary manslaughter as lesser included offenses of murder and attempted murder? (California, United States of America)
What is the difference between a jury finding a defendant guilty of heat-of-passion manslaughter and finding him guilty of manslaughter? (California, United States of America)
What is voluntary manslaughter and what is the definition of voluntary manslaughter? (California, United States of America)
What is the test for a jury to find a defendant guilty of attempted voluntary manslaughter? (California, United States of America)
What is the test for a manslaughter defendant to be found guilty of voluntary manslaughter? (California, United States of America)
Does a finding that the circumstances might also reasonably reasonably be reconciled with a contrary finding in a personal injury case have to be reversed? (California, United States of America)
Is a jury's instruction on voluntary manslaughter sufficient to convict a defendant of manslaughter? (California, United States of America)
Does a jury have a sua sponte duty to instruct on voluntary manslaughter, involuntary manslaughter, and simple assault as lesser included offenses to murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.