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2 May 2023, 6:30 pm
Focus of the Appeal The primary focus of this appeal is the legal concept of a lesser included offense. [read post]
15 Dec 2009, 6:04 am
In this case recently decided on appeal, it was held that the trial judge erred by not charging the jury on lesser included offenses, even though neither the defense attorney or prosecutor had requested that the lesser included offense be given to the jury. [read post]
15 Nov 2008, 5:12 pm
Some jurors don’t like the fact they only have two options (guilty or not guilty), so a lesser included offense instruction gives them a third, more appealing option. [read post]
1 Nov 2017, 9:42 am
However, the lower court did not allow the instruction, and the appellant appealed his conviction. [read post]
1 Nov 2017, 9:42 am
However, the lower court did not allow the instruction, and the appellant appealed his conviction. [read post]
25 Nov 2008, 5:36 am
In an unpublished decision released this past September, Arizona’s Division One Court of Appeals looked at whether someone accused of felony flight could request a lesser included instruction for failure to stop. [read post]
14 Aug 2022, 9:00 pm
The defendant appealed, arguing the court erred in refusing the instruction for the lesser-included crimes. [read post]
10 Mar 2011, 1:46 pm
Weekly D421 (Fla. 2d DCA, Feb 25, 2011): Appeal from guilty verdict, reversed (in part) – It is reversible error to not give simple possession instruction as a lesser included offense for all possession with intent to sell jury instructions. [read post]
1 Dec 2013, 10:31 am
So the appeals court ruled against Mr. [read post]
12 May 2016, 2:42 pm
After filing an appeal with the U.S. [read post]
28 Nov 2018, 9:03 am
Necessary and Permissive Lesser Included Offenses On appeal, the court explained that a lesser included offense may be necessary or permissive. [read post]
1 Oct 2011, 4:38 pm
I filed an appeal brief about three weeks ago in a murder case in the Sixth District Court of Appeals of Texas at Texarkana where the jury was not given instructions about the lesser offense of manslaughter or about the justification of self-defense. [read post]
15 Sep 2011, 4:38 pm
I filed an appeal brief recently in a murder case in the Sixth District Court of Appeals of Texas at Texarkana where the jury was not given instructions about the lesser offense of manslaughter or about the justification of self-defense. [read post]
11 Oct 2021, 5:01 am
In a recent opinion in an Arizona negligent homicide case, the defendant’s request for a lesser sentence was denied. [read post]
30 Jan 2009, 12:00 pm
Oklahoma Court of Criminal Appeals finding of harmless error in erroneous jury instruction on lesser-included offense of second-degree murder was contrary to clearly established federal law as determined by United States Supreme Court.Read the opinion here. [read post]
12 Mar 2019, 6:11 am
The defendant was subsequently convicted of the lesser included offense, after which he appealed. [read post]
20 Sep 2021, 10:41 am
The defendant was convicted, and he appealed. [read post]
30 Apr 2011, 8:53 am
This was illustrated on October 20, 2010 by the Texas Court of Criminal Appeals in the case of Oscar Rene Benavidez. [read post]
30 Mar 2021, 4:13 pm
He then appealed, arguing the trial court erred in denying his request. [read post]
12 May 2021, 5:00 am
He then appealed to the Supreme Court of Michigan. [read post]
