Legal Opinion
People v. Wolfe
California Court of Appeal, 5th District
Decided February 21, 2018No. G052920PublishedCited by 27 opinions
1Opinion of the CourtMoore, J.
*418*677Defendant Kelly Michele Wolfe killed an innocent pedestrian while driving under the influence of alcohol. The prosecution charged Wolfe with an implied malice murder (colloquially known as a Watson murder).1 The trial court refused to instruct the jury on involuntary or vehicular manslaughter; it is well-settled that these are not lesser included offenses. The court also instructed the jury that voluntary intoxication was not a defense to an implied malice murder; this is also an accurate statement of California law.
The jury convicted Wolfe of murder and other offenses. Wolfe makes three…
2Cases cited37 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Chambers v. MississippiSupreme Court of the United States · 1973
- Marks v. United StatesSupreme Court of the United States · 1977
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Marks v. United StatesSupreme Court of the United States · 1977
32 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- People v. Munoz, California Court of Appeal, 5th District2019
- People v. K.P., California Court of Appeal, 5th District2018
- People v. Alvarez, California Court of Appeal, 5th District2019
- (HC) Rubio v. NdohDistrict Court, E.D. California · 2023
- Arthur Errol Klein v. David HolbrookDistrict Court, C.D. California · 2023
22 more not listed; retrieve them via the Exa API.