“California recognizes imperfect self defence in homicide cases where the killing resulted from an “actual but unreasonable belief in the necessity to defend against imminent peril to life or great bodily injury” CALJIC No. 5.17 (1995) Menendez v. Terhune (2005). According to the Menendez v. Terhune Journal, “Under California law, a defendant is entitled to a jury under instruction only if substantial evidence, or “evidence sufficient to deserve consideration by the jury,” supports the giving of that instruction. People v. Barton, 12 Cal 4th 186, 201 & n.8 (1995)” Menendez v. Terhune (2005). “The state trial court conducted an extensive hearing to determine wheather the imperfect self-defense instruction was warranted and concluded that, taking …show more content…
Terhune (2005). According to Menendez v. Terhune (2005), “this argument fails because none of the evidence, including evidence of the abuse Petitioners allegedly suffered at the hands of their parents, or even the details concerning the confrontation that occurred the night of the attack before the victims and petitioners retired to different locations, supported the imperfect self-defense …show more content…
Terhune (2005). “As a matter of state evidence law, a foundation had to be laid before the evidence could be admitted. In lyles case, a requisite foundation was not laid” Menendez v. Terhune (2005). Lyle failed to lay a foundation. Lyle had a cousin named Diane Vandermolen who was limited because Lyle failed to lay that foundation. She began to testify that “when Lyle was eight years old, he told her his father was molesting him and when Vandermolen told Kitty about this, she dragged Lyle upstairs” Menendez v. Terhune (2005). According to Menenedez v. Terhune (2005),” Lyle sought to introduce the testimony of Dr. John Conte, who would have testified that Lyle suffered from Battered Person’s Syndrome.” “The trial court excluded as either cumulative or lacking foundation. Some evidence relating to specific instances of physical, psychological and sexual abuse and some expert testimony that petitioners suffered from Battered Person’s Syndrome” Menendez v. Terhune