Massachusetts v. Hinds
Massachusetts Supreme Judicial Court
927 N.E.2d 1009 (2010)
John Hinds (defendant), embroiled in a bitter dispute with siblings Patricia, Warren, and Warren's wife Mary over access to his mother's house, shot and killed Patricia after she forced her way inside yelling threats, then walked outside and shot Mary and Warren after seeing what he interpreted as threatening gestures (Mary reaching for a pocketbook, Warren pushing back his coat). Hinds claimed self-defense, believing Warren and Mary were reaching for weapons; he had obtained a protective order against the siblings that had just been dismissed 13 days earlier. At trial, Hinds requested a jury instruction on voluntary manslaughter, which the court refused, and the jury convicted him of first-degree murder of Warren and second-degree murder of Mary; Hinds appealed the refused instruction.
Whether a jury instruction on voluntary manslaughter is warranted only if there is evidence that the defendant was reasonably provoked by the victim or used excessive force in self-defense.