Michael Burciaga v. United States

This Court recognized in Allen v. United States, 164 U.S. 492, 497 (1896), the common-law tenet that “mere words” do not mitigate murder to manslaughter based on a heat of passion defense. The prevailing view across the country, however, is that words may support a heat of passion defense when those words impart highly provocative information. This informational words exception also existed at common law, though this Court did not have occasion to address it in Allen or subsequently. The question presented is: Whether informational words may constitute adequate provocation for a heat of passion defense.