What is the burden of producing sufficient evidence on heat of passion to raise a reasonable doubt of murder or attempted murder?
California, United States of America
The following excerpt is from The People v. Chea, B219274, No. BA341823 (Cal. App. 2010):
Defendant has the burden of producing sufficient evidence on heat of passion to raise a reasonable doubt of his guilt of murder or attempted murder, unless the prosecution's own evidence suggests one of these mitigating theories. (People v. Rios (2000) 23 Cal.4th 450, 461-462.)
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