Annunziata v. State

Summary

The Court affirmed Annunziata’s convictions, holding that the trial court did not plainly err by refusing to instruct the jury on voluntary manslaughter. The evidence that the victim removed Annunziata from the nightclub and later shoved him did not constitute even slight evidence of serious provocation sufficient to require the instruction under an objective reasonable-person standard. The Court therefore did not reach the alternative cooling-off-period rationale.