No. 21-5596

Carl William Frazier v. California

Lower Court: California
Docketed: 2021-09-08
Status: Denied
Type: IFP
IFP
Tags: 5th-amendment criminal-negligence due-process involuntary-manslaughter jury-instructions knife-assault lesser-included-offense self-defense sua-sponte-instruction
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-11-05
Question Presented (AI Summary)

Whether a defendant's use of a knife for the purpose of unreasonable self-defense can support a jury instruction on the lesser-included offense of involuntary manslaughter

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | 1. Ina murder case, may a defendant's inherently assaultive felonious conduct ie, the use of a knife for the purpose of unreasonagle self-defense afford a gasis for a sun suponte instruction on the lesserincluded offence of invouluntary manslaughter, when there is substantial trial evidence that the defendant used the knife intending to keep a rapidly-approaching attacker (the victim) at bay but not intending to hit the attacker with the knife, and the defendant's failure to exercise "due caution and circumspection" resulted in an unintended, single, fatal knife wound? 2. in amurder case, does prejudicial, reversible error necessarily result from a trial court's failure to instruct sua sponte a jury on how to consider the mental state of a defendant who exhibits the absence of malice via a lack of “due caution and cicumspection" (criminal negligence) when supported by substantial trial evidence as an intermediate mental state (supporting a conviction for invoulntary manslaughter) between malice aforethought (supporting a conviction for murder) and actual innocence (supporting acquittal of murder)? 3. Did the trial court prejudicially violate petitioner's Fifth, Sixth, and Fourteenth Amendment rights by failing to instruct sua sponte the jury on the lesser included offense of invouluntary manslaughter based on a petitioner's criminal negligence, which instruction was supported by substantial trial evidence? 4. Were petitioner's federal due process rights voilated because there was insufficient evidence to support a jury finding of deliberation and premeditation as to the murder charge?

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2021)

Attorneys

Carl William Frazier
Carl William Frazier — Petitioner