People v. Shui CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts of the Offense The evidence is undisputed that defendant killed his paramour, Lijia Zheng, by stabbing her multiple times with a kitchen knife in August 2011. Defendant was intoxicated on alcohol and Xanax at the time. His defense focused on his state of mind at the time of the offense. 1. Defendant’s Testimony Defendant, 48 years old at the time of the offense, was married with two children. He immigrated to the United States from Taiwan with his wife in 1990. He initially worked at technology companies run by his brothers, but he quit working regularly in December 2006. At the time of the offense, defendant earned about $1,000 a month playing mahjong several times a week. At trial, defendant testified as follows. He met Zheng while playing mahjong in 2007. They soon became friends and began having sex in 2008. Defendant’s wife discovered the affair and became angry, but the couple remained married. Defendant ended his relationship with Zheng for a few months in 2009, but he later resumed the affair. Defendant’s wife and daughter were aware of the ongoing affair, but defendant said he could not stop himself from seeing Zheng. On the…