In a personal injury action, what is the test for failing to instruct on the heat of passion?
California, United States of America
The following excerpt is from People v. Thomas, A129933 (Cal. App. 2012):
In People v. Moye, supra, 47 Cal.4th 537, upon which the majority relies in suggesting that the imperfect self-defense instruction cured the failure to instruct on the heat of passion, the court based its holding on the fact that "[d]efendant's own uncontested testimony established he did not act rashly, or without due deliberation and reflection, or from strong passion rather than from judgment, when he claimed to have
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