People v. Bryant, 56 Cal. 4th 959

Bryant stabbed her boyfriend during a physical altercation in their shared apartment; the boyfriend died from a chest stab wound.
Bryant testified she did not intend to kill and that the thrust occurred during a struggle over a kitchen knife.
Trial court instructed on first- and second-degree murder, voluntary manslaughter (heat of passion and unreasonable self-defense), and reasonable self-defense; Bryant was convicted of second-degree murder with a deadly-weapon enhancement.
Court of Appeal reversed, holding there was reversible error for failing to sua sponte instruct on involuntary manslaughter under a theory that killing without malice during an inherently dangerous assaultive felony constitutes voluntary manslaughter (Garcia theory).
This Court granted review to determine whether such a theory exists and whether sua sponte instruction was required; majority rejects the theory and affirms reversal of the Court of Appeal.
Court explains felony-murder merger and Ireland/Chun framework, concluding a killing without malice during an assaultive felony does not support voluntary manslaughter.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can a killing without malice during an inherently dangerous assaultive felony be voluntary manslaughter?	People argued Garcia permits this theory as substantial evidence supports assault with a deadly weapon.	Bryant contends such killing is not voluntary manslaughter and need not be instructed as such.	No; not voluntary manslaughter; merger requires malice.
Whether the trial court had a sua sponte duty to instruct involuntary manslaughter when killing occurred during an assault with a deadly weapon	People contend the court should instruct involuntary manslaughter if evidence supports it.	Bryant contends there is no obligation to instruct on involuntary manslaughter sua sponte.	No; no sua sponte duty to instruct involuntary manslaughter.

People v. Chun, 45 Cal.4th 1172 (2009) (limits felony-murder to nonassaultive felonies; merger doctrine)
People v. Ireland, 70 Cal.2d 522 (1969) (merger doctrine; underlying felonies may merge with homicide)
People v. Burroughs, 35 Cal.3d 824 (1984) (involuntary manslaughter for killing without due caution during noninherently dangerous felony)
People v. Lasko, 23 Cal.4th 101 (2000) (intent to kill not required for voluntary manslaughter in heat of passion/unreasonable self-defense contexts)
People v. Blakeley, 23 Cal.4th 82 (2000) (intent to kill not element of voluntary manslaughter; conscious disregard theory discussed)
People v. Garcia, 162 Cal.App.4th 18 (2008) (unreasonable self-defense context; voluntary manslaughter theory considered and criticized)
People v. Rios, 23 Cal.4th 450 (2000) (malice distinctions; 'without malice' description not element of manslaughter)
People v. Milward, 52 Cal.4th 580 (2011) (malice negation concepts in voluntary manslaughter)
People v. Flannel, 25 Cal.3d 668 (1979) (imperfect self-defense; general principles of law governing manslaughter)
People v. Conley, 64 Cal.2d 310 (1966) (diminished capacity as a basis to reduce murder to voluntary manslaughter (now abrogated))