Hogan v. State

¶ 1 I dissent from today’s opinion because I disagree with the majority’s resolution of Propositions I, V, VI, and VIII of Hogan’s appeal.1

¶2 Hogan admitted that he killed Lisa Stanley. His defense to the first-degree murder charge against him was that he killed her in a “heat of passion,”, which constituted first-degree manslaughter rather than malice-aforethought murder. In Proposition I, Hogan claims that his jury should have been instructed on his theory of defense, ie., that the killing was heat-of-passion manslaughter, and that the State was required to prove, beyond a reasonable doubt,…