In sum, Mr. Phillips presented an alternative version of events to the jury which could negate the intent element of first-degree murder. Numerous precedents have addressed the reality that depraved mental states can occur and that such mental conditions may not involve the premeditated intent required for first-degree murder. For example, in Hogan, we concluded, under similarly atrocious facts, that Mr. Hogan was entitled to a lesser-included offense instruction on first-degree manslaughter. Mr. Hogan grabbed a knife from a longtime friend, who, after a dispute, had threatened to harm Mr. Hogan with it. Fearing that the friend was retreating to obtain another weapon, Mr. Hogan stabbed the victim approximately twenty-five times, “creating three wounds that would have be m. App.1992) (<HOLDING>); see also Taylor, 554 F.3d at 891-892
holding that when the defendant believed his sister and girlfriend were cheating him out of money shot his sister in the head and then drove to his girlfriends house shot her in the head and proceeded to shoot her two children aged 13 and 22 in the head erroneous seconddegree depraved mind murder instructions given on the shooting of the two children required reversal because the defendant had presented substantial evidence of his own diminished capacity at the time of the murders holding that instructions on depraved mind murder were correctly refused when the defendant shot the victim a second time in the chest at close range holding distribution of a controlled dangerous substance which results in death can constitute second degree depraved mind murder holding that when defendant drove to a transmission shop where the victim worked pushed the victim to the ground and shot him twice at close range the evidence did not support a lesserincluded offense instruction on seconddegree depraved mind murder holding that instructions on depraved mind murder were correctly refused when the defendant entered a restaurant with intent to rob its occupants with a firearm stood directly in front of the victim raised the firearm demanded money and fatally shot the victim in the back of the chest when the victim tried to defend himself