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STATE v. RICH

No. 128, Sept. Term, 2009.

3 A.3d 1210 (2010)

415 Md. 567

STATE of Maryland v. Lewis RICH.

Court of Appeals of Maryland.

August 31, 2010.

Attorney(s) appearing for the Case

Jeremy M. McCoy, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, of Baltimore, MD), on brief, for Petitioner.

Michael P. Spence, Assigned Public Defender, of Wilmer Cutler Pickering Hale and Dorr, LLP of Washington, D.C.; Paul B. DeWolfe, Public Defender, of Maryland Office of the Public Defender of Baltimore, MD, on brief, for Respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

MURPHY, J.

In the Circuit Court for Baltimore City, a jury convicted Lewis Rich, Respondent, of voluntary manslaughter. Respondent noted an appeal to the Court of Special Appeals, and argued that (in the words of his brief) "THE TRIAL COURT ERRED WHEN IT INSTRUCTED THE JURY ON VOLUNTARY MANSLAUGHTER DESPITE THE LACK OF ANY EVIDENCE OF HOT BLOODED RESPONSE TO LEGALLY ADEQUATE PROVOCATION." After the Court of Special Appeals exercised its discretion to conduct a "plain...

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