People v. Middleton
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
LAMBDEN, J.
Defendant appeals his conviction of first degree murder (Pen. Code, § 187, subd. (a); further unspecified code sections refer to the Penal Code) with the special circumstance of financial gain (§ 190.2, subd. (a)(1)). He alleges the court erred by not giving a sua sponte instruction on the relationship between provocation and first and second degree murder. He also claims ineffective assistance of counsel for failure to request the instruction.
Defendant also contends the court erred by failing to (1) give an instruction on the use of justifiable force to protect property;…
2Cases cited17 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- United States v. DunniganSupreme Court of the United States · 1993
- People v. ScottCalifornia Supreme Court · 1994
- People v. SedenoCalifornia Supreme Court · 1974
- People v. BartonCalifornia Supreme Court · 1995
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- People v. RogersCalifornia Supreme Court · 2006
- People v. GreenbergerCalifornia Court of Appeal · 1997
- People v. MartinezCalifornia Court of Appeal · 1998
- People v. GonzalezCalifornia Supreme Court · 2003
- People v. ValtakisCalifornia Court of Appeal · 2003
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