Aris

People v. Aris

Caution
1989 Cal. App. LEXIS 1187·215 Cal. App. 3d 1178·264 Cal. Rptr. 167
Court of Appeal of CaliforniaNovember 17, 1989E005418California8,682 words

Opinion

Opinion

Campbell, J.

A jury convicted the defendant of second degree murder of her husband in August 1986. (Pen. Code, §§ 187, 189.) The jury also found that the defendant personally used a firearm. (§ 12022.5.) Defendant was sentenced to 15 years to life, and the firearm use enhancement was stayed.

Defendant contends that the trial court erred: (1) in excluding expert testimony that the defendant was a battered woman and how that affected her mental condition at the time of the killing; (2) in refusing to instruct the jury on self-defense; (3) in instructing the jury on unreasonable self-defense and refusing to give three pinpoint instructions on that issue; (4) in instructing the jury about “heat of passion” and “cooling off”; and (5) in excluding evidence of the victim’s violent character. Defendant also asserts as grounds for reversal prosecutorial and juror misconduct.

I

Facts

The defendant testified that her husband had beaten her, often severely, and that she had left him many times during their 10-year relationship. By a mixture of threats and cajoling, he invariably convinced her to take him back. Numerous witnesses for the defense testified to the beatings.

On the night of the…

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