Erroneous Voluntary Manslaughter Instruction Results in Reversal of Conviction

U.S. v. Serawop, -- F.3d --, 2005 WL 1324996 (10th Cir. 6/6/05) - Voluntary manslaughter conviction reversed due to failure to instruct the jury on a mental state element for the offense other than "in the heat of passion." To convict of voluntary manslaughter under 18 U.S.C. § 1112, the jury must be instructed that the defendant acted in the heat of passion with either (1) a general intent to kill, i.e., that the defendant was aware that the result was practically certain to follow from his conduct regardless of his desire to achieve that result; (2) intent to do serious bodily injury; or (3) depraved heart recklessness. The defendant here was charged with second degree murder after the death of his three-month-old daughter in Indian country and convicted of voluntary manslaughter.