California v. Wolfe

Defendant Kelly Wolfe killed a pedestrian while driving under the influence of alcohol. The prosecution charged Wolfe with an implied malice murder (colloquially known as a Watson murder). The trial court refused to instruct the jury on involuntary or vehicular manslaughter; it was well-settled that these were not lesser included offenses. The court also instructed the jury that voluntary intoxication was not a defense to an implied malice murder; this was also an accurate statement of California law. The jury convicted Wolfe of murder and other offenses. Wolfe claimed on appeal: (1) the evidence was insufficient to sustain the murder conviction; (2) the trial court erred by not allowing a manslaughter instruction as a lesser included offense, thus violating the equal protection clause; and (3) the trial court failed to allow voluntary intoxication as a defense violates due process. Finding no reversible error, the Court of Appeal affirmed. View "California v. Wolfe" on Justia Law