Day

People v. Day

Caution
1992 Cal. App. LEXIS 16·2 Cal. App. 4th 405·2 Cal. Rptr. 2d 916·92 Daily Journal DAR 195·92 Cal. Daily Op. Serv. 218
Court of Appeal of CaliforniaJanuary 6, 1992F014113California5,412 words

Opinion

Opinion

Ardaiz, J.

Appellant killed Steve Brown, the man with whom she had been living. Appellant testified Brown frequently beat her and had threatened to kill her. She claimed she stabbed Brown in self-defense. The prosecution’s theory was that appellant intentionally killed Brown in the heat of passion and that her claim of self-defense was not justified. The jury convicted appellant of involuntary manslaughter and assault with a deadly weapon.

Appellant moved for a new trial on the grounds trial counsel was ineffective in failing to investigate or present evidence of battered woman syndrome. The court found counsel’s conduct deficient but concluded appellant was not prejudiced and denied the motion.

In this appeal, appellant raises numerous claims of error. We reverse on grounds appellant was prejudiced by counsel’s failure to present evidence of battered woman syndrome. Accordingly, we need not address the remaining issues.

Facts

Prosecution Case—the Incident

Approximately 11 p.m. on June 10, 1988, Russell Holt heard his next-door neighbors, Steve Brown and appellant fighting. About 11:15 p.m., Holt’s cohabitant, Jan Fernandez called Pine Mountain Lake Security to request they put…

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