Commonwealth v. DeHaven

STEPHENS, Justice.

This appeal is from the Court of Appeals reversal of DeHaven’s conviction for first degree manslaughter. The issue is whether the error in jury instructions was prejudicial and therefore requires reversal of the conviction.

The Court of Appeals reversed the conviction based upon its finding that it was an error to instruct the jury on first degree manslaughter as there was no evidence of extreme emotional disturbance [EED], This error was compounded when the jury convicted DeHaven of first degree manslaughter, which is murder committed under the influence of EED. We agree…