In re Hampton CA3
In February 2009, a jury found defendant Jonathan Hampton guilty of second degree murder, (Pen. Code, §§ 187, 189) and the conviction was upheld on appeal. Following the denial of his state and federal habeas corpus petitions, defendant filed a new habeas corpus petition in state court, arguing for the first time that trial counsel rendered ineffective assistance by failing to request an instruction on heat of passion voluntary manslaughter (CALCRIM No. 570) as a lesser included offense to murder. The trial court requested further briefing on several issues, including whether the trial judge had a sua sponte duty to instruct the jury with CALCRIM No. 570, and the standard of prejudice that should be applied to an erroneous failure to instruct on a lesser included offense. Following the parties’ submissions, the trial court granted defendant’s habeas corpus petition, concluding the trial judge erred in failing to sua sponte instruct the jury with CALCRIM No. 570, and the error
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