Tag Archives: Imperfect Self Defense


Imperfect SELF DEFENSE AND DELUSIONS
August 29th, 2016

A defendant who acts with the state of mind required for imperfect self-defense does not harbor express malice. “Two factors may preclude the formation of malice and reduce murder to voluntary manslaughter: heat of passion and unreasonable self-defense.” (People v. Elmore (2014) 59 Cal.4th 121, 133. California law allows the jury to consider a defendant’s […]


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Imperfect Self Defense Not Applicable To Shooting At Inhabited House Or Occupied Vehicle
September 7th, 2015

Self Defense and defense of others is applicable to a charge under PC § 246 alleging that the defendant shot at an inhabited house or occupied vehicle. (See CC 965, Bench Notes [judge has a sua sponte duty to instruct].)  However, unreasonable self defense is not applicable. (People v. Rodarte (2014) 223 Cal. App. 4th […]


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CC Imperfect Self Defense Instruction: Error Identified By Court Of Appeal
June 22nd, 2015

  People v. Por Ye Heri (2009) 181 Cal. App. 4th 349, identified the following error in CC 571: “For killing to be in self-defense, the defendant must actually and reasonably believe in the need to defend. [Citation.] If the belief subjectively exists but is objectively unreasonable, there is imperfect self-defense. . .]Citation.] Where, as […]


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