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24 Indiana opinions name it 2 courts 1995–2017 0 in the last five years
The cases below were cited by Indiana 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 |
|---|---|---|
Wright v. Stategreen2 sentences2017“If the evidence does not so support the giving of a requested instruction on an inherently or factually included lesser offense, then a trial court should not give the requested instruction.” Id. 2016“If the evidence does not so support the giving of a requested instruction on an inherently or factually included lesser offense, then a trial court should not give the requested instruction.” Id. | 7 | 21 |
Evans v. Stategreen2 sentences2016“Involuntary manslaughter is not an inherently included lesser offense of murder.” Evans v. State, 727 N.E.2d 1072, 1081 (Ind.2000). 2002“Involuntary manslaughter is not an inherently included lesser offense of murder.” Evans v. State, 727 N.E.2d 1072, 1081 (Ind.2000). | 2 | 2 |
Champlain v. Stategreen1 sentence2015If a trial court makes a factual finding regarding the existence or lack of a “serious evidentiary Court of Appeals of Indiana | Memorandum Decision 02A03-1403-CR-108 | March 30, 2015 Page 12 of 24 dispute,” we review that decision for an abuse of discretion. 7 Champlain v. State, 681 N.E.2d 696, 700 (Ind. 1997). [20] Here, at the close of trial and outside the presence of the jury, Carter’s attorney asked that she be permitted to tender a lesser-included instruction of burglary as a Class C felony, noting that the “only difference is the additional element of injury.” Tr. at 302. | 1 | 1 |
Fisher v. Stategreen1 sentence2012Id. (citations omitted). “[W]hen addressing the question of whether there is a serious evidentiary dispute, the court must evaluate the evidence presented by both parties.” Fisher v. State, 810 N.E.2d 674, 680 (Ind. 2004) (citing Wright, 658 N.E.2d at 567 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lynch v. State
green
1 sentence2014Id. | 1 | 2014–2014 |
Billy Young v. State of Indiana
green
2 sentences2014On this issue, the Young panel said only that, “[a]t first blush, it would seem attempted aggravated battery could be an inherently lesser included offense of murder.” 11 N.E.3d 964, 967-68 , 2014 WL 2616189 at *3 . 2014On this issue, the Young panel said only that, “[a]t first blush, it would seem attempted aggravated battery could be an inherently lesser included offense of murder.” 11 N.E.3d 964, 967-68 , 2014 WL 2616189 at *3 . | 1 | 2014–2014 |
Higgins v. State
green
1 sentence2013Id. 9 Criminal trespass is not an inherently lesser included offense of residential entry. | 1 | 2013–2013 |
Lawrence v. State
green
2 sentences1995If the evidence does not so support the giving of a requested instruction on an inherently or factually included lesser offense, then a trial court should not give the requested instruction. 3 At least since our decision in Lawrence v. State (1978), 268 Ind. 330, 337 , 375 N.E.2d 208, 212 , analysis of this issue has spoken of two steps. 1995If the evidence does not so support the giving of a requested instruction on an inherently or factually included lesser offense, then a trial court should not give the requested instruction. 3 At least since our decision in Lawrence v. State (1978), 268 Ind. 330, 337 , 375 N.E.2d 208, 212 , analysis of this issue has spoken of two steps. | 1 | 1995–1995 |
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.