Can a defendant argue that the trial court erroneously refused to instruct on voluntary manslaughter?
California, United States of America
The following excerpt is from People v. Bobo, 271 Cal.Rptr. 277 (Cal. App. 1990):
Citing People v. Molina (1988) 202 Cal.App.3d 1168, 249 Cal.Rptr. 273, defendant contends the trial court erroneously refused to instruct on voluntary manslaughter. We disagree with the analysis in Molina and determine, on these facts, there was no error.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court of Appeal err in refusing an instruction from the trial court on the lesser offense of attempted voluntary manslaughter? (California, United States of America)
Does a defendant have grounds to argue that a trial court prejudicially errs in failing to instruct the jury sua sponte at the penalty phase to disregard the no-sympathy instruction at the guilt phase? (California, United States of America)
How have courts treated a defendant's claim that the trial court erred by refusing to instruct on the elements of rape and sodomy generally? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a defendant's objection to giving instructions on voluntary manslaughter preclude a finding of error in the trial court's failure to do so? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does a defendant have any grounds to argue that the trial court erred in failing to give the cautionary instruction at the end of trial? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
What is the test for a defendant's claim that the trial court erred in failing to instruct the jury as to the lesser included offense of involuntary manslaughter? (California, United States of America)
When will a court grant a defendant an instruction that cautions the jury that it may not draw an adverse inference from the fact that a defendant has not testified at trial? (California, United States of America)
