THE PEOPLE, Plaintiff and Respondent,
v.
TARE NICHOLAS BELTRAN, Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
June 3, 2013.
June 3, 2013.
Attorney(s) appearing for the Case
Linda M. Leavitt , under appointment by the Supreme Court, for Defendant and Appellant.
Mary Greenwood , Public Defender (Santa Clara) and Michael Ogul , Deputy Public Defender, for California Public Defenders Association, California Attorneys for Criminal Justice and Santa Clara County Public Defender as Amici Curiae on behalf of Defendant and Appellant.
Bay Area Legal Aid, Minouche Kandel ; Greines, Martin, Stein & Richland, Cynthia E. Tobisman , Kent J. Bullard and Lara M. Krieger for San Francisco Domestic Violence Consortium, California Women Lawyers, California Partnership to End Domestic Violence, Queen's Bench Bar Association and Women Lawyers of Sacramento as Amici Curiae on behalf of Plaintiff and Respondent.
Supreme Court of California.
OPINION
CORRIGAN, J. —
Here we clarify what kind of provocation will suffice to constitute heat of passion and reduce a murder to manslaughter. The Attorney General argues the provocation must be of a kind that would cause an ordinary person of average disposition to kill. We disagree. Nearly 100 years ago, this court explained that, when examining heat of passion in the context of manslaughter, the fundamental "inquiry is whether...
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