In re Hampton CA3
In this appeal, the People challenge the trial court’s granting of a petition for writ of habeas corpus filed by defendant Jonathan Hampton. In 2009, a jury found defendant guilty of second degree murder (Pen. Code, §§ 187, 189), and the conviction was upheld on appeal. Following the denial of defendant’s state and federal habeas corpus petitions, he filed the current habeas corpus petition in the trial court. In the current petition, defendant argued for the first time that his prior trial was unfair for lack of a jury instruction on heat of passion voluntary manslaughter as a lesser included offense to murder. As the current trial court noted, defendant’s current petition presents three issues for decision: (1) whether defendant’s original trial attorney provided ineffective assistance of counsel for failure to request that the jury be instructed with CALCRIM No. 570 regarding provocation and heat of passion theories of voluntary manslaughter, (2) whether the trial co
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