third prong analysis in Indiana

2011Accordingly, we must apply the third prong of the test set forth in Wright, supra, and look to the evidence submitted in our particular case.

1997Once the trial court determines that a lesser included offense is inherently included in the crime of murder, "... it must look at the evidence presented in the case by both parties.” Wright, 658 N.E.2d at 567 .

2023That is, although Judge Staton disagreed with the majority about the existence of a serious evidentiary dispute as to sudden heat and opined that “[t]he court-induced voluntary manslaughter instruction undermined the defendant’s defense of self-defense,” he explained that “the reversible error here was created by the trial court failing to follow the third prong of the analysis set forth in Wright.” Id.

2023Court of Appeals of Indiana | Opinion 22A-CR-2955 | October 26, 2023 Page 14 of 26 included offense if there is a serious evidentiary dispute regarding the element that distinguishes the greater offense from the lesser offense.” Id. at 835 .