People v. Griffin CA1/3
Opinion
Opinion
Pollak, J.
Statement of Facts It is undisputed that defendant killed Robert Shaner by stabbing him with a knife. Defendant claimed the killing was justified as self-defense or defense of another.
1 All further section references are to the Penal Code unless otherwise noted.
1 Alternatively, defendant claimed the killing was voluntary manslaughter as imperfect self-defense or because it occurred in the heat of passion or upon a sudden quarrel.
The Parties
Robert Shaner was the estranged husband of Lesley Shaner, whom defendant was dating.2 Robert and Lesley had a tumultuous five-year marriage. Robert suffered from mental illness and physically abused Lesley on multiple occasions. They separated in January 2010. Robert moved out of the couple’s house to live with a friend. Lesley started dating defendant, whom she knew from childhood. Defendant had also been a friend of Lesley’s brother who had recently died and who before his death had asked defendant to “take care” of Lesley. Robert told his neighbor that Lesley’s brother appointed defendant as her “guardian” and protector and he did not object to defendant’s relationship with Lesley. When the neighbor told Robert she had heard defendant…