lesser included offense instruction in Minnesota

2024The denial of a lesser-included offense instruction is reviewed for abuse of discretion, but when a lesser-included offense instruction is warranted by the evidence, “the trial court must give it.” State v. Dahlin, 695 N.W.2d 588, 597 (Minn. 2005).

2023A district court “must give a lesser-included offense instruction when 1) the lesser offense is included in the charged offense; 2) the evidence provides a rational basis for acquitting the defendant of the offense charged; and 3) the evidence provides a rational basis for convicting the defendant of the lesser-included offense.” Id.

2012Appellant concedes that he did not request an instruction on second-degree culpable-negligence manslaughter, but he contends that under State v. Dahlin, 695 N.W.2d 588, 595 (Minn.2005), and State v. Leinweber, 303 Minn. 414, 422 , 228 N.W.2d 120, 125-26 (1975), the district court must sua sponte give a lesser-included-offense instruction when the evidence provides a rational basis (1) for acquitting the defendant of the greater offense, and (2) convicting of the lesser-included offense, as he contends it does here.

2012Appellant concedes that he did not request an instruction on second-degree culpable-negligence manslaughter, but he contends that under State v. Dahlin, 695 N.W.2d 588, 595 (Minn.2005), and State v. Leinweber, 303 Minn. 414, 422 , 228 N.W.2d 120, 125-26 (1975), the district court must sua sponte give a lesser-included-offense instruction when the evidence provides a rational basis (1) for acquitting the defendant of the greater offense, and (2) convicting of the lesser-included offense, as he contends it does here.

2023Thus, “a defendant may have suffered prejudice when a lesser-included-offense instruction was merited, but the jury was instead given what amounts to ‘a Hobson’s choice between the higher offense or nothing.’ ” Id. (quoting Stiles v. State, 664 N.W.2d 315, 319 (Minn. 2003)).

2006In other words, a defendant may have suffered prejudice when a lesser-included-offense instruction was merited, but the jury was instead given what amounts to “a Hobson’s choice between the higher offense or nothing.” Stiles, 664 N.W.2d at 319 .

2024See Troxel v. State, 875 N.W.2d 302, 310 (Minn. 2016).

2017“A defendant' is prejudiced when the jury may have convicted the defendant of only the lesser offense had the lesser-included-offense instruction been given.” Troxel v. State, 875 N.W.2d 302, 310 (Minn. 2016).

2015State v. Hannon, 703 N.W.2d 498, 509 (Minn. 2005).

2010However, the district court’s “failure to submit lesser-included offenses to the jury is grounds for reversal only if the defendant is prejudiced thereby.” Id. (quotation omitted). “[I]n cases in which no evidence is adduced to support acquitting of the greater charge and convicting of the lesser, the lesser instruction is not required.” State v. Hannon, 703 N.W.2d 498, 511 (Minn.2005).

2005Stiles v. State, 664 N.W.2d 315, 319 (Minn.2003) (citing Bellcourt v. State, 390 N.W.2d 269, 273 (Minn.1986); Leinweber, 303 Minn. at 421-22 , 228 N.W.2d at 125-26 ).

2005Bellcourt, 390 N.W.2d at 274 (stating that defendant’s request that the court not give a warranted lesser-included offense instruction constituted a waiver and the trial court did not err in refusing to give it); State v. Walker, 306 Minn. 105, 120-21 , 235 N.W.2d 810, 820 (1975) (holding that when a defendant knowingly waived a lesser-included offense instruction warranted by the evidence, the defendant could not subsequently allege that the trial court erred in not sua sponte giving the instruction).

2023In State v. Harris, we determined that the district court abused its discretion by not giving the lesser-included instruction on second-degree felony murder. 713 N.W.2d 844, 850 (Minn. 2006).

2019See, e.g. , Sullivan v. State , 585 N.W.2d 782 , 784 (Minn. 1998) (considering a claim of ineffective assistance of appellate counsel based on an underlying claim against trial counsel); Robinson v. State , 567 N.W.2d 491 , 496 n.4 (Minn. 1997) (considering a claim that appellate counsel provided ineffective assistance by failing to raise on appeal trial counsel's failure to request a lesser-included-offense instruction).

2016“We review a district court’s denial of a lesser-included offense instruction for abuse of discretion.” State v. Van Keuren, 759 N.W.2d 36, 39 (Minn.2008).

2016“We review a district court’s denial of a lesser-included offense instruction for abuse of discretion.” State v. Van Keuren, 759 N.W.2d 36, 39 (Minn. 2008).

2012See State v. Tscheu, 758 N.W.2d 849 , 873 n. 6 (Minn.2008) (Meyer, J., concurring) (“When defendants opt for an all-or-nothing verdict, appellate courts rarely afford relief when, with the benefit of hindsight, the strategy may have been mistaken.”).

2008State v. Johnson, 719 N.W.2d 619, 625 (Minn.2006).

2008State v. Johnson, 719 N.W.2d 619, 625 (Minn.2006).

2007See State v. Shepherd, 477 N.W.2d 512, 514-516 (Minn.1991) (holding that when the jury was instructed as to first-degree premeditated murder, second-degree intentional murder, and first-degree heat of passion manslaughter, and the jury returned a verdict of first-degree premeditated murder, the defendant was not prejudiced by the court’s failure to give a second-degree felony murder instruction).

2006State v. *423 Penkaty, 708 N.W.2d 185, 208 (Minn.2006); Dahlin, 695 N.W.2d at 597-98 .

2006“In making these determinations, the court must view the evidence in the light most favorable to the requesting party and must not weigh the evidence or make credibility determinations.” Penkaty, 708 N.W.2d at 205 .

2005See, e.g., State v. Wilburn, 249 Kan. 678 , 822 P.2d 609, 612 (1991); People v. Henderson, 41 N.Y.2d 233 , 391 N.Y.S.2d 563 , 359 N.E.2d 1357 , 1360 (1976); State v. Davis, 6 Ohio St.3d 91 , 451 N.E.2d 772, 776 (1983); State v. Velarde, 734 P.2d 449, 451 (Utah 1986); State v. Fernandez-Medina, 141 Wash.2d 448 , 6 P.3d 1150, 1154 (2000); Warren v. State, 835 P.2d 304, 330-31 (Wyo.1992).

2005See, e.g., State v. Wilburn, 249 Kan. 678 , 822 P.2d 609, 612 (1991); People v. Henderson, 41 N.Y.2d 233 , 391 N.Y.S.2d 563 , 359 N.E.2d 1357 , 1360 (1976); State v. Davis, 6 Ohio St.3d 91 , 451 N.E.2d 772, 776 (1983); State v. Velarde, 734 P.2d 449, 451 (Utah 1986); State v. Fernandez-Medina, 141 Wash.2d 448 , 6 P.3d 1150, 1154 (2000); Warren v. State, 835 P.2d 304, 330-31 (Wyo.1992).

2005State v. Washington, 521 N.W.2d 35, 42 (Minn.1994) (“The weight and credibility to be given disputed evidence are determinations to be made by the jury.”); State v. Landa, 642 N.W.2d 720, 725 (Minn.2002) (“Weighing the credibility of witnesses is the province of the jury.”) In determining whether a lesser-included offense instruction should be given, trial courts must consider only whether a rational basis exists in the evidence to acquit of the greater charge and convict of the lesser — without considering either the strength of the evidence or the credibility of the witnesses.

2005See, e.g., State v. Merrill, 428 N.W.2d 361, 370 (Minn.1988) (stating that when expert testimony supported an inference of intent and “no evidence” suggests the death was negligent or accidental, no rational basis existed for a jury to acquit of intentional murder and convict of unintentional felony murder); State v. Koop, 380 N.W.2d 493, 495 (Minn.1986) (stating that the record “is devoid” of evidence showing the killing-occurred in the heat of passion); State v. Murphy, 380 N.W.2d 766, 772 (Minn.1986) (stating record contained “no proof’ that defendant engaged only in indecent liberties with

2005See, e.g., State v. Wilburn, 249 Kan. 678 , 822 P.2d 609, 612 (1991); People v. Henderson, 41 N.Y.2d 233 , 391 N.Y.S.2d 563 , 359 N.E.2d 1357 , 1360 (1976); State v. Davis, 6 Ohio St.3d 91 , 451 N.E.2d 772, 776 (1983); State v. Velarde, 734 P.2d 449, 451 (Utah 1986); State v. Fernandez-Medina, 141 Wash.2d 448 , 6 P.3d 1150, 1154 (2000); Warren v. State, 835 P.2d 304, 330-31 (Wyo.1992).

2005See, e.g., State v. Merrill, 428 N.W.2d 361, 370 (Minn.1988) (stating that when expert testimony supported an inference of intent and “no evidence” suggests the death was negligent or accidental, no rational basis existed for a jury to acquit of intentional murder and convict of unintentional felony murder); State v. Koop, 380 N.W.2d 493, 495 (Minn.1986) (stating that the record “is devoid” of evidence showing the killing-occurred in the heat of passion); State v. Murphy, 380 N.W.2d 766, 772 (Minn.1986) (stating record contained “no proof’ that defendant engaged only in indecent liberties with

2005See, e.g., State v. Wilburn, 249 Kan. 678 , 822 P.2d 609, 612 (1991); People v. Henderson, 41 N.Y.2d 233 , 391 N.Y.S.2d 563 , 359 N.E.2d 1357 , 1360 (1976); State v. Davis, 6 Ohio St.3d 91 , 451 N.E.2d 772, 776 (1983); State v. Velarde, 734 P.2d 449, 451 (Utah 1986); State v. Fernandez-Medina, 141 Wash.2d 448 , 6 P.3d 1150, 1154 (2000); Warren v. State, 835 P.2d 304, 330-31 (Wyo.1992).

2005See, e.g., State v. Wilburn, 249 Kan. 678 , 822 P.2d 609, 612 (1991); People v. Henderson, 41 N.Y.2d 233 , 391 N.Y.S.2d 563 , 359 N.E.2d 1357 , 1360 (1976); State v. Davis, 6 Ohio St.3d 91 , 451 N.E.2d 772, 776 (1983); State v. Velarde, 734 P.2d 449, 451 (Utah 1986); State v. Fernandez-Medina, 141 Wash.2d 448 , 6 P.3d 1150, 1154 (2000); Warren v. State, 835 P.2d 304, 330-31 (Wyo.1992).

2005See, e.g., State v. Wilburn, 249 Kan. 678 , 822 P.2d 609, 612 (1991); People v. Henderson, 41 N.Y.2d 233 , 391 N.Y.S.2d 563 , 359 N.E.2d 1357 , 1360 (1976); State v. Davis, 6 Ohio St.3d 91 , 451 N.E.2d 772, 776 (1983); State v. Velarde, 734 P.2d 449, 451 (Utah 1986); State v. Fernandez-Medina, 141 Wash.2d 448 , 6 P.3d 1150, 1154 (2000); Warren v. State, 835 P.2d 304, 330-31 (Wyo.1992).

2005Bellcourt, 390 N.W.2d at 274 (stating that defendant’s request that the court not give a warranted lesser-included offense instruction constituted a waiver and the trial court did not err in refusing to give it); State v. Walker, 306 Minn. 105, 120-21 , 235 N.W.2d 810, 820 (1975) (holding that when a defendant knowingly waived a lesser-included offense instruction warranted by the evidence, the defendant could not subsequently allege that the trial court erred in not sua sponte giving the instruction).

2005Bellcourt, 390 N.W.2d at 274 (stating that defendant’s request that the court not give a warranted lesser-included offense instruction constituted a waiver and the trial court did not err in refusing to give it); State v. Walker, 306 Minn. 105, 120-21 , 235 N.W.2d 810, 820 (1975) (holding that when a defendant knowingly waived a lesser-included offense instruction warranted by the evidence, the defendant could not subsequently allege that the trial court erred in not sua sponte giving the instruction).