When there is virtually no evidence of provocation in this case, what is the test for heat-of-passion voluntary manslaughter?

California, United States of America


The following excerpt is from People v. Barrientos, F073613 (Cal. App. 2020):

Therefore, this case is quite different from Wickersham where there was "virtually no evidence of provocation" except conduct completely justifying a self-defense killing. Wickersham does not control here. Instead, we uphold the court's instruction under the usual rule that a court must instruct on heat-of-passion voluntary manslaughter where substantial evidence supports it. (See People v. Breverman, supra, 19 Cal.4th at pp. 153-164.)

II. Defendant Waived or Forfeited Any Error with Respect to the Verdict Forms

Other Questions


What is voluntary manslaughter and what is the definition of voluntary 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 test for provocation in a case of voluntary manslaughter? (California, United States of America)
What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
Is there any evidence warranting a voluntary manslaughter instruction where the evidence shows that a defendant shot and killed a man he believed was his wife's paramour? (California, United States of America)
In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
What is the test for reasonable provocation in a voluntary manslaughter case? (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 reducing intentional killing to voluntary manslaughter in a "heat of passion" case? (California, United States of America)
What is the required provocation for a jury to consider voluntary manslaughter? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.