State of Arizona v. Christepher E. Lua

Vice Chief Justice PELANDER,

opinion of the Court.

¶ 1 We address in this case whether, in a prosecution for second-degree murder, the trial court may instruct the jury on manslaughter over a defendant’s objection if the evidence supports a finding that the killing occurred “upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim” (“provocation manslaughter”) under A.R.S. § 13-1103(A)(2). We hold that the court may give such an instruction.

I

¶ 2 Christepher Lua was tried on two counts of attempted second-degree murder and other charges. At the close of…