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27 Oklahoma opinions name it 1 courts 1981–2020 0 in the last five years
The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
O'BRYAN v. Stategreen2 sentences2008We disagree. ¶ 5 In Shrum v. State, 1999 OK CR 41 , 991 P.2d 1032 , the Court observed that “if the trial court sua sponte proposes the lesser included offense instruction that is supported by the evidence and the defendant objects, the defendant shall have the right to affirmatively waive any lesser included offense instruction that the evidence supports and proceed on an ‘all or nothing approach.’” Shrum , at ¶ 11, 991 P.2d at 1036-37 , citing O’Bryan v. State, 1994 OK CR 28, ¶ 11 , 876 P.2d 688, 689-90 (emphasis added). 2008We disagree. ¶ 5 In Shrum v. State, 1999 OK CR 41 , 991 P.2d 1032 , the Court observed that “if the trial court sua sponte proposes the lesser included offense instruction that is supported by the evidence and the defendant objects, the defendant shall have the right to affirmatively waive any lesser included offense instruction that the evidence supports and proceed on an ‘all or nothing approach.’” Shrum , at ¶ 11, 991 P.2d at 1036-37 , citing O’Bryan v. State, 1994 OK CR 28, ¶ 11 , 876 P.2d 688, 689-90 (emphasis added). | 2 | 4 |
Gilson v. Stategreen2 sentences2010See Gilson v. State, 2000 OK CR 14, ¶ 113 , 8 P.3d 883, 917 (holding that defendant is not entitled to lesser-included instruction unless he can show evidence at trial negated extra elements of overlying crime). 2010See Gilson v. State, 2000 OK CR 14, ¶ 113 , 8 P.3d 883, 917 (holding that defendant is not entitled to lesser-included instruction unless he can show evidence at trial negated extra elements of overlying crime). | 2 | 2 |
United States v. George A. Scalf, Jr.green2 sentences2001See also United States v. Scalf, 708 F.2d 1540, 1546 (10th Cir.1983) ("a lesser included offense instruction should not be given unless there is evidence to support a finding that the lesser offense was committed while the greater offense was not."). 2001See also Umited States v. Scalf, 708 F.2d 1540, 1546 (10th Cir.1983) ("a lesser included offense instruction should not be given unless there is evidence to support a finding that the lesser offense was committed while the greater offense was not."). | 2 | 2 |
Boyd v. Stategreen2 sentences1996This Court has held that “where the evidence warrants a lesser included offense instruction a defendant is entitled to the same whether requested or not.” Boyd v. State, 839 P.2d 1363, 1367 (Okl.Cr.1992), cert, denied, 509 U.S. 908 , 113 S.Ct. 3005 , 125 L.Ed.2d 697 (1993). 1996This Court has held that "where the evidence warrants a lesser included offense instruction a defendant is entitled to the same whether requested or not." Boyd v. State, 839 P.2d 1363, 1367 (Okl.Cr.1992), cert. denied, 509 U.S. 908 , 113 S.Ct. 3005 , 125 L.Ed.2d 697 (1993). | 2 | 2 |
Funkhouser v. Stategreen2 sentences1992Cr.1991); James v. State, 736 P.2d 541, 545 (Okl.Cr.1987), cert. denied, 484 U.S. 970 , 108 S.Ct. 467 , 98 L.Ed.2d 406 (1987); Because we have held that where the evidence warrants a lesser included offense instruction a defendant is entitled to the same whether requested or not, Penny v. State, 765 P.2d 797, 800 (Okl.Cr.1988); Walton v. State, 744 P.2d 977, 978 (Okl.Cr.1987); Funkhouser v. State, 721 P.2d 423, 424-25 (Okl.Cr.1986), we review appellant’s contention despite the fact that defense counsel did not specifically object to the instructions at trial nor did he submit additional instru 1992Cr. 1991); James v. State, 736 P.2d 541, 545 (Okl.Cr. 1987), cert. denied, 484 U.S. 970 , 108 S.Ct. 467 , 98 L.Ed.2d 406 (1987); Because we have held that where the evidence warrants a lesser included offense instruction a defendant is entitled to the same whether requested or not, Penny v. State, 765 P.2d 797, 800 (Okl.Cr. 1988); Walton v. State, 744 P.2d 977, 978 (Okl.Cr. 1987); Funkhouser v. State, 721 P.2d 423, 424-25 (Okl.Cr. 1986), we review appellant's contention despite the fact that defense counsel did not specifically object to the instructions at trial nor did he submit additional i | 2 | 2 |
Shrum v. Stategreen2 sentences2012Shrum v. State, 1999 OK CR 41, ¶ 11 , 991 P.2d 1032, 1087 (finding that if "the trial court proposes or the State requests the lesser included offense instruction and the defense does not object, we will presume the defendant desired the lesser included offense instruction as a benefit"). 2012Shrum v. State, 1999 OK CR 41, ¶ 11 , 991 P.2d 1032, 1087 (finding that if "the trial court proposes or the State requests the lesser included offense instruction and the defense does not object, we will presume the defendant desired the lesser included offense instruction as a benefit"). | 1 | 4 |
Davis v. Stategreen2 sentences2020See Ball v. State , 2007 OK CR 42, ¶ 32, 173 P.3d 81, 90 (citing Glossip v. State , 2001 OK CR 21, ¶¶ 28-29, 29 P.3d 597, 603-04). " Prima facie evidence of a lesser included offense is that evidence which would allow a jury rationally to find the accused guilty of the lesser offense and acquit him of the greater." Davis v. State , 2018 OK CR 7, ¶ 7, 419 P.3d 271, 277 (quoting Davis , 2011 OK CR 29, ¶ 101, 268 P.3d at 116). 2020See Ball v. State , 2007 OK CR 42, ¶ 32, 173 P.3d 81, 90 (citing Glossip v. State , 2001 OK CR 21, ¶¶ 28-29, 29 P.3d 597, 603-04). " Prima facie evidence of a lesser included offense is that evidence which would allow a jury rationally to find the accused guilty of the lesser offense and acquit him of the greater." Davis v. State , 2018 OK CR 7, ¶ 7, 419 P.3d 271, 277 (quoting Davis , 2011 OK CR 29, ¶ 101, 268 P.3d at 116). | 1 | 1 |
DAVIS v. STATEgreen2 sentences2020See Ball v. State , 2007 OK CR 42, ¶ 32, 173 P.3d 81, 90 (citing Glossip v. State , 2001 OK CR 21, ¶¶ 28-29, 29 P.3d 597, 603-04). " Prima facie evidence of a lesser included offense is that evidence which would allow a jury rationally to find the accused guilty of the lesser offense and acquit him of the greater." Davis v. State , 2018 OK CR 7, ¶ 7, 419 P.3d 271, 277 (quoting Davis , 2011 OK CR 29, ¶ 101, 268 P.3d at 116). 2020See Ball v. State , 2007 OK CR 42, ¶ 32, 173 P.3d 81, 90 (citing Glossip v. State , 2001 OK CR 21, ¶¶ 28-29, 29 P.3d 597, 603-04). " Prima facie evidence of a lesser included offense is that evidence which would allow a jury rationally to find the accused guilty of the lesser offense and acquit him of the greater." Davis v. State , 2018 OK CR 7, ¶ 7, 419 P.3d 271, 277 (quoting Davis , 2011 OK CR 29, ¶ 101, 268 P.3d at 116). | 1 | 1 |
Ball v. Stategreen2 sentences2020See Ball v. State , 2007 OK CR 42, ¶ 32, 173 P.3d 81, 90 (citing Glossip v. State , 2001 OK CR 21, ¶¶ 28-29, 29 P.3d 597, 603-04). " Prima facie evidence of a lesser included offense is that evidence which would allow a jury rationally to find the accused guilty of the lesser offense and acquit him of the greater." Davis v. State , 2018 OK CR 7, ¶ 7, 419 P.3d 271, 277 (quoting Davis , 2011 OK CR 29, ¶ 101, 268 P.3d at 116). 2020See Ball v. State , 2007 OK CR 42, ¶ 32, 173 P.3d 81, 90 (citing Glossip v. State , 2001 OK CR 21, ¶¶ 28-29, 29 P.3d 597, 603-04). " Prima facie evidence of a lesser included offense is that evidence which would allow a jury rationally to find the accused guilty of the lesser offense and acquit him of the greater." Davis v. State , 2018 OK CR 7, ¶ 7, 419 P.3d 271, 277 (quoting Davis , 2011 OK CR 29, ¶ 101, 268 P.3d at 116). | 1 | 1 |
Glossip v. Stategreen2 sentences2020See Ball v. State , 2007 OK CR 42, ¶ 32, 173 P.3d 81, 90 (citing Glossip v. State , 2001 OK CR 21, ¶¶ 28-29, 29 P.3d 597, 603-04). " Prima facie evidence of a lesser included offense is that evidence which would allow a jury rationally to find the accused guilty of the lesser offense and acquit him of the greater." Davis v. State , 2018 OK CR 7, ¶ 7, 419 P.3d 271, 277 (quoting Davis , 2011 OK CR 29, ¶ 101, 268 P.3d at 116). 2020See Ball v. State , 2007 OK CR 42, ¶ 32, 173 P.3d 81, 90 (citing Glossip v. State , 2001 OK CR 21, ¶¶ 28-29, 29 P.3d 597, 603-04). " Prima facie evidence of a lesser included offense is that evidence which would allow a jury rationally to find the accused guilty of the lesser offense and acquit him of the greater." Davis v. State , 2018 OK CR 7, ¶ 7, 419 P.3d 271, 277 (quoting Davis , 2011 OK CR 29, ¶ 101, 268 P.3d at 116). | 1 | 1 |
Stevenson v. Nixongreen1 sentence2000Id.; see also Patton v. State, 1998 OK CR 66, ¶ 12 , 973 P.2d 270, 281 , cert. denied, 528 U.S. 939 , 120 S.Ct. 347 , 145 L.Ed.2d 271 (1999). 121 Appellant argues the trial court's generalized inquiries into the jurors' individual abilities to follow the law, approved in Allen, were inadequate and insufficient. | 1 | 1 |
Stone v. Oregongreen1 sentence2000Id.; see also Patton v. State, 1998 OK CR 66, ¶ 12 , 973 P.2d 270, 281 , cert. denied, 528 U.S. 939 , 120 S.Ct. 347 , 145 L.Ed.2d 271 (1999). 121 Appellant argues the trial court's generalized inquiries into the jurors' individual abilities to follow the law, approved in Allen, were inadequate and insufficient. | 1 | 1 |
Ybarra Villagrana v. Californiagreen1 sentence2000Id.; see also Patton v. State, 1998 OK CR 66, ¶ 12 , 973 P.2d 270, 281 , cert. denied, 528 U.S. 939 , 120 S.Ct. 347 , 145 L.Ed.2d 271 (1999). 121 Appellant argues the trial court's generalized inquiries into the jurors' individual abilities to follow the law, approved in Allen, were inadequate and insufficient. | 1 | 1 |
Jackson v. Stategreen2 sentences2000See also, Jackson v. State, 1998 OK CR 39 , ś 8-15, 964 P.2d 875, 900-902 (Lumpkin, J., concurring in results). 2000See also, Jackson v. State, 1998 OK CR 39 , ś 8-15, 964 P.2d 875, 900-902 (Lumpkin, J., concurring in results). | 1 | 1 |
Patton v. Stategreen2 sentences2000Id.; see also Patton v. State, 1998 OK CR 66, ¶ 12 , 973 P.2d 270, 281 , cert. denied, 528 U.S. 939 , 120 S.Ct. 347 , 145 L.Ed.2d 271 (1999). 121 Appellant argues the trial court's generalized inquiries into the jurors' individual abilities to follow the law, approved in Allen, were inadequate and insufficient. 2000Id.; see also Patton v. State, 1998 OK CR 66, ¶ 12 , 973 P.2d 270, 281 , cert. denied, 528 U.S. 939 , 120 S.Ct. 347 , 145 L.Ed.2d 271 (1999). 121 Appellant argues the trial court's generalized inquiries into the jurors' individual abilities to follow the law, approved in Allen, were inadequate and insufficient. | 1 | 1 |
Willingham v. Stategreen2 sentences1998As we reiterated in Willingham v. State, 947 P.2d 1074, 1080 (Okl.Cr.1997), a lesser included offense is a part of the greater offense and the establishment of the essential elements of the greater offense necessarily establishes all the elements required to prove the lesser included offense. 1998As we reiterated in Willingham v. State, 947 P.2d 1074, 1080 (Okl.Cr.1997), a lesser included offense is a part of the greater offense and the establishment of the essential elements of the greater offense necessarily establishes all the elements required to prove the lesser included offense. | 1 | 1 |
| Powell v. Stategreen | 1 | 1 |
| State v. Keffergreen | 1 | 1 |
| Williamson v. Stategreen | 1 | 1 |
| Penny v. Stategreen | 1 | 1 |
| Walton v. Stategreen | 1 | 1 |
| James v. Stategreen | 1 | 1 |
| Hale v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Valdez v. State
green
2 sentences1999Valdez v. State, 1995 OK CR 18, ¶ 52 , 900 P.2d 363, 378 , cert. denied, 516 U.S. 967 , 116 S.Ct. 425 , 133 L.Ed.2d 341 (1995). 1999Valdez v. State, 1995 OK CR 18, ¶ 52 , 900 P.2d 363, 378 , cert. denied, 516 U.S. 967 , 116 S.Ct. 425 , 133 L.Ed.2d 341 (1995). | 2 | 1999–1999 |
Bentley v. Artuz
green
2 sentences1999Valdez v. State, 1995 OK CR 18, ¶ 52 , 900 P.2d 363, 378 , cert. denied, 516 U.S. 967 , 116 S.Ct. 425 , 133 L.Ed.2d 341 (1995). 1999Valdez v. State, 1995 OK CR 18, ¶ 52 , 900 P.2d 363, 378 , cert. denied, 516 U.S. 967 , 116 S.Ct. 425 , 133 L.Ed.2d 341 (1995). | 2 | 1999–1999 |
Reemsnyder v. Occupational Safety & Health Administration
green
2 sentences1999Valdez v. State, 1995 OK CR 18, ¶ 52 , 900 P.2d 363, 378 , cert. denied, 516 U.S. 967 , 116 S.Ct. 425 , 133 L.Ed.2d 341 (1995). 1999Valdez v. State, 1995 OK CR 18, ¶ 52 , 900 P.2d 363, 378 , cert. denied, 516 U.S. 967 , 116 S.Ct. 425 , 133 L.Ed.2d 341 (1995). | 2 | 1999–1999 |
Beck v. Alabama
green
2 sentences1990“Sim *733 ilarly, the state courts that have addressed the issue have unanimously held that a defendant is entitled to a lesser included offense instruction where the evidence warrants it.” Beck v. Alabama, 447 U.S. 625, 636 , 100 S.Ct. 2382, 2389 , 65 L.Ed.2d 392 (1980). 1990“Sim *733 ilarly, the state courts that have addressed the issue have unanimously held that a defendant is entitled to a lesser included offense instruction where the evidence warrants it.” Beck v. Alabama, 447 U.S. 625, 636 , 100 S.Ct. 2382, 2389 , 65 L.Ed.2d 392 (1980). | 2 | 1990–1994 |
Spaziano v. Florida
red
2 sentences1994We find Spaziano v. Florida, 468 U.S. 447, 455 , 104 S.Ct. 3154, 3159 , 82 L.Ed.2d 340 (1984) dispositive. 1994We find Spaziano v. Florida, 468 U.S. 447, 455 , 104 S.Ct. 3154, 3159 , 82 L.Ed.2d 340 (1984) dispositive. | 2 | 1994–1994 |
Grissom v. State
green
2 sentences2012Grissom v. State, 2011 OK CR 3, ¶ 28 , 253 P.3d 969, 980 . 2012Grissom v. State, 2011 OK CR 3, ¶ 28 , 253 P.3d 969, 980 . | 1 | 2012–2012 |
McHam v. State
green
2 sentences2008This passage from the opinion in Shrum convinced the District Court that Appellant’s objection to the lesser-included offense instructions was entitled to dispositive weight, notwithstanding the District Court’s opinion that first-degree manslaughter instructions were supported by the evidence. ¶ 6 In McHam v. State, 2005 OK CR 28 , 126 P.3d 662 , the defendant was charged with murder and claimed self-defense. 2008This passage from the opinion in Shrum convinced the District Court that Appellant’s objection to the lesser-included offense instructions was entitled to dispositive weight, notwithstanding the District Court’s opinion that first-degree manslaughter instructions were supported by the evidence. ¶ 6 In McHam v. State, 2005 OK CR 28 , 126 P.3d 662 , the defendant was charged with murder and claimed self-defense. | 1 | 2008–2008 |
Gonzalez-Alvira v. United States
green
2 sentences2003Torres v. State, 1998 OK CR 40, ¶ 38 , 962 P.2d 3, 16 , cert. denied, 525 U.S. 1082 , 119 S.Ct. 826 , 142 L.Ed.2d 683 (1999). ¶ 4 Leech further claims that the trial judge should have given a lesser included offense instruction covering possession of methamphetamine. 2003Torres v. State, 1998 OK CR 40, ¶ 38 , 962 P.2d 3, 16 , cert. denied, 525 U.S. 1082 , 119 S.Ct. 826 , 142 L.Ed.2d 683 (1999). ¶ 4 Leech further claims that the trial judge should have given a lesser included offense instruction covering possession of methamphetamine. | 1 | 2003–2003 |
Bucklew v. Missouri
green
2 sentences2003Torres v. State, 1998 OK CR 40, ¶38 , 962 P.2d 3, 16 , cert. denied, 525 U.S. 1082 , 119 S.Ct. 826 , 142 L.Ed.2d 683 (1999). %4 Leech further claims that the trial judge should have given a lesser included offense instruction covering possession of methamphetamine. 2003Torres v. State, 1998 OK CR 40, ¶ 38 , 962 P.2d 3, 16 , cert. denied, 525 U.S. 1082 , 119 S.Ct. 826 , 142 L.Ed.2d 683 (1999). ¶ 4 Leech further claims that the trial judge should have given a lesser included offense instruction covering possession of methamphetamine. | 1 | 2003–2003 |
Torres v. States
green
2 sentences2003Torres v. State, 1998 OK CR 40, ¶ 38 , 962 P.2d 3, 16 , cert. denied, 525 U.S. 1082 , 119 S.Ct. 826 , 142 L.Ed.2d 683 (1999). ¶ 4 Leech further claims that the trial judge should have given a lesser included offense instruction covering possession of methamphetamine. 2003Torres v. State, 1998 OK CR 40, ¶ 38 , 962 P.2d 3, 16 , cert. denied, 525 U.S. 1082 , 119 S.Ct. 826 , 142 L.Ed.2d 683 (1999). ¶ 4 Leech further claims that the trial judge should have given a lesser included offense instruction covering possession of methamphetamine. | 1 | 2003–2003 |
Parker v. State
green
2 sentences1999If the State requests the lesser included offense instruction and the defendant objects, the trial court should review the Information together with all material that was made available to the defendant at preliminary hearing and through discovery to determine whether the defendant received adequate notice that the State's case raised lesser related offenses that should be deemed included. [9] See Parker, 1996 OK CR 19, ¶ 24 , 917 P.2d at 986 . 1999If the State requests the lesser included offense instruction and the defendant objects, the trial court should review the Information together with all material that was made available to the defendant at preliminary hearing and through discovery to determine whether the defendant received adequate notice that the State's case raised lesser related offenses that should be deemed included. [9] See Parker, 1996 OK CR 19, ¶ 24 , 917 P.2d at 986 . | 1 | 1999–1999 |
Harris v. Singletary
green
2 sentences1996This Court has held that “where the evidence warrants a lesser included offense instruction a defendant is entitled to the same whether requested or not.” Boyd v. State, 839 P.2d 1363, 1367 (Okl.Cr.1992), cert, denied, 509 U.S. 908 , 113 S.Ct. 3005 , 125 L.Ed.2d 697 (1993). 1996This Court has held that "where the evidence warrants a lesser included offense instruction a defendant is entitled to the same whether requested or not." Boyd v. State, 839 P.2d 1363, 1367 (Okl.Cr.1992), cert. denied, 509 U.S. 908 , 113 S.Ct. 3005 , 125 L.Ed.2d 697 (1993). | 1 | 1996–1996 |
Boyd v. Oklahoma
green
2 sentences1996This Court has held that “where the evidence warrants a lesser included offense instruction a defendant is entitled to the same whether requested or not.” Boyd v. State, 839 P.2d 1363, 1367 (Okl.Cr.1992), cert, denied, 509 U.S. 908 , 113 S.Ct. 3005 , 125 L.Ed.2d 697 (1993). 1996This Court has held that "where the evidence warrants a lesser included offense instruction a defendant is entitled to the same whether requested or not." Boyd v. State, 839 P.2d 1363, 1367 (Okl.Cr.1992), cert. denied, 509 U.S. 908 , 113 S.Ct. 3005 , 125 L.Ed.2d 697 (1993). | 1 | 1996–1996 |
Newtop v. United States District Court
green
2 sentences1996This Court has held that “where the evidence warrants a lesser included offense instruction a defendant is entitled to the same whether requested or not.” Boyd v. State, 839 P.2d 1363, 1367 (Okl.Cr.1992), cert, denied, 509 U.S. 908 , 113 S.Ct. 3005 , 125 L.Ed.2d 697 (1993). 1996This Court has held that "where the evidence warrants a lesser included offense instruction a defendant is entitled to the same whether requested or not." Boyd v. State, 839 P.2d 1363, 1367 (Okl.Cr.1992), cert. denied, 509 U.S. 908 , 113 S.Ct. 3005 , 125 L.Ed.2d 697 (1993). | 1 | 1996–1996 |
| Free v. United States Court of Appeals for the Ninth Circuit green | 1 | 1996–1996 |
| Anderson v. Newberry green | 1 | 1996–1996 |
| Schad v. Arizona green | 1 | 1994–1994 |
| Clark v. Ocean Brand Tuna green | 1 | 1994–1994 |
| Love v. United States green | 1 | 1994–1994 |
| Williams v. Hevi-Duty Electric Co. green | 1 | 1992–1992 |
| Williams v. Hevi-Duty Electric Co. green | 1 | 1992–1992 |
| Gilbreath v. State green | 1 | 1990–1990 |
| Keeble v. United States green | 1 | 1990–1990 |
| Woods v. State neutral | 1 | 1985–1985 |
| Sansone v. United States green | 1 | 1981–1981 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.