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Constitutional Analysis of AB 1160: Validity of Due Process Challenges to Legislation Elimination Gay and Trans Panic Defenses in California

  • Author(s): Sears, Brad
  • Kukura, Elizabeth
  • et al.
Abstract

Would a statute that defined sufficient provocation for "sudden quarrel" or "heat of passion" to exclude gay and trans panic defenses violate defendants' due process rights? No. In determining whether such a statute violated a defendants' due process rights, a court would follow the U.S. Supreme Court's reasoning in Montana v. Egelhoff, 518 U.S. 37 (1996), which upheld a Montana statute prohibiting consideration of a defendant's voluntary intoxication in determining the mens rea element of any criminal offense.

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