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
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