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23 Alaska opinions name it 2 courts 1979–2025 1 in the last five years
The cases below were cited by Alaska 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 |
|---|---|---|
Rice v. Stategreen2 sentences1988See, e.g., Rice v. State, 589 P.2d 419, 420 (Alaska 1979). 1988See, e.g., Rice v. State, 589 P.2d 419, 420 (Alaska 1979). | 4 | 4 |
Elisovsky v. Stategreen2 sentences1988Noting that Elisovsky was prosecuted on the theory that he used a firearm, the court reversed. 592 P.2d at 1226 . 1983Elisovsky v. State, 592 P.2d 1221, 1226 (Alaska 1979). 2 Before a lesser-included offense instruction was necessary, however, it would have to be determined that Nathaniel’s trial involved a disputed fact that was necessary to establish the greater offense, but not the lesser-included offense. | 3 | 5 |
State v. Minanogreen2 sentences1992Under Alaska R.Crim.P. 31(c), a lesser-included offense is one that is “necessarily included in the offense charged.” See also State v. Minano, 710 P.2d 1013 *958 (Alaska 1985). 1988Minano, 710 P.2d at 1016 . | 3 | 4 |
Christie v. Stategreen2 sentences1986Christie v. State, 580 P.2d 310, 318 (Alaska 1978). 1986Christie v. State, 580 P.2d 310, 318 (Alaska 1978). | 3 | 4 |
Wilson v. Stategreen2 sentences2025Unless Riggs disputed a fact that elevated violating 26 Moore v. State, 740 P.2d 472, 473-74 (Alaska App. 1987). 27 Geisinger v. State, 498 P.3d 92, 103 (Alaska App. 2021) (emphasis added); see also Wilson v. State, 670 P.2d 1149, 1151 (Alaska App. 1983) (recognizing that, to be entitled to a lesser included offense instruction, there must be “some evidence which could lead a reasonable jury to find that the element which distinguishes the greater offense from the lesser has not been proved”). 28 AS 11.56.757. – 15 – 2816 conditions of release to escape (e.g., that the court ordered him to hou 1986Minano v. State, 690 P.2d 28, 31 (Alaska App.1984), reversed on other grounds, 710 P.2d 1013, 1016 (Alaska 1985); Wilson v. State, 670 P.2d 1149, 1151 (Alaska App. 1983). | 3 | 3 |
Minano v. Stategreen2 sentences1986Minano v. State, 690 P.2d 28, 31 (Alaska App.1984), reversed on other grounds, 710 P.2d 1013, 1016 (Alaska 1985); Wilson v. State, 670 P.2d 1149, 1151 (Alaska App. 1983). 1986Minano v. State, 690 P.2d 28, 31 (Alaska App.1984), rev’d on other grounds, 710 P.2d 1013, 1016 (Alaska 1985). | 3 | 3 |
United States v. Willie Whitakerred2 sentences1988"An element of the mercy-dispensing power is doubtless inherent in the jury system, and may well be a reason why a defendant seeks a lesser included offense instruction, but it is not by itself a permissible basis to justify such an instruction." 447 F.2d at 319 (footnotes omitted). 1988“An element of the mercy-dispensing power is doubtless inherent in the jury system, and may well be a reason why a defendant seeks a lesser included offense instruction, but it is not by itself a permissible basis to justify such an instruction.” 447 F.2d at 319 (footnotes omitted). | 2 | 3 |
Moore v. Stategreen2 sentences2025Unless Riggs disputed a fact that elevated violating 26 Moore v. State, 740 P.2d 472, 473-74 (Alaska App. 1987). 27 Geisinger v. State, 498 P.3d 92, 103 (Alaska App. 2021) (emphasis added); see also Wilson v. State, 670 P.2d 1149, 1151 (Alaska App. 1983) (recognizing that, to be entitled to a lesser included offense instruction, there must be “some evidence which could lead a reasonable jury to find that the element which distinguishes the greater offense from the lesser has not been proved”). 28 AS 11.56.757. – 15 – 2816 conditions of release to escape (e.g., that the court ordered him to hou 1988See Reynolds v. State, 706 P.2d 708, 711 (Alaska App. 1985); see also Moore v. State, 740 P.2d 472, 475 (Alaska App. 1987). | 2 | 2 |
Reynolds v. Stategreen2 sentences1988See Reynolds v. State, 706 P.2d 708, 711 (Alaska App. 1985); see also Moore v. State, 740 P.2d 472, 475 (Alaska App. 1987). 1987In Reynolds , citing the lack of an inherent relationship, we affirmed the trial court’s denial of a request for a lesser-included offense instruction when that request had been made by the defendant. *476 Reynolds v. State, 706 P.2d 708, 711 (Alaska App.1985). | 2 | 2 |
Johnson v. Stategreen2 sentences1992A trial court is required to give a lesser-included offense instruction when “there is a factual dispute as to an element of the greater offense so that the jury could rationally acquit on the greater offense and convict on the lesser offense.” Johnson v. State, 665 P.2d 566, 569 (Alaska App.1983). 1988In arguing that the trial judge was not required to give a lesser-included offense instruction in this case, the state has cited Johnson v. State, 665 P.2d 566 (Alaska App.1983). | 1 | 2 |
United States v. John D. Stolarzgreen2 sentences1987See United States v. Stolarz, 550 F.2d 488, 492 (9th Cir.), cert. denied, 434 U.S. 851 , 98 S.Ct. 162 , 54 L.Ed.2d 119 (1977); United States v. Whitaker, 447 F.2d 314, 319-21 (D.C.Cir.1971). 1986In affirming the conviction, the Ninth Circuit Court of Appeals noted that “[a]ny defense attorney is on notice that a lesser-included offense instruction may be given pursuant to [Criminal] Rule 31(c).” 7 550 F.2d at 492 . | 1 | 2 |
Byron F. Geisinger v. State of Alaska, State of Alaska v. Byron F. Geisingergreen1 sentence2025Unless Riggs disputed a fact that elevated violating 26 Moore v. State, 740 P.2d 472, 473-74 (Alaska App. 1987). 27 Geisinger v. State, 498 P.3d 92, 103 (Alaska App. 2021) (emphasis added); see also Wilson v. State, 670 P.2d 1149, 1151 (Alaska App. 1983) (recognizing that, to be entitled to a lesser included offense instruction, there must be “some evidence which could lead a reasonable jury to find that the element which distinguishes the greater offense from the lesser has not been proved”). 28 AS 11.56.757. – 15 – 2816 conditions of release to escape (e.g., that the court ordered him to hou | 1 | 1 |
People v. Browngreen2 sentences1994Cf. People v. Brown, 185 Colo. 272 , 523 P.2d 986, 988 (1974) (separate convictions for simple possession and possession with intent to sell the same drugs barred by double jeopardy when they arise from a single act of possession), overruled on other grounds, Villafranca v. People, 194 Colo. 472 , 573 P.2d 540 (1978). 6 Since Atkinson does not dispute the trial court's instructions as to Count II, and since his conviction for two counts was improper regardless of whether he was entitled to a lesser-included offense instruction on Count I, we direct the trial court, on remand, to *496 enter an 1994Cf. People v. Brown, 185 Colo. 272 , 523 P.2d 986, 988 (1974) (separate convictions for simple possession and possession with intent to sell the same drugs barred by double jeopardy when they arise from a single act of possession), overruled on other grounds, Villafranca v. People, 194 Colo. 472 , 573 P.2d 540 (1978). 6 Since Atkinson does not dispute the trial court's instructions as to Count II, and since his conviction for two counts was improper regardless of whether he was entitled to a lesser-included offense instruction on Count I, we direct the trial court, on remand, to *496 enter an | 1 | 1 |
Keeble v. United Statesgreen2 sentences1990See Keeble v. United States, 412 U.S. 205 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 (1973) (considering an analogous issue under 18 U.S.C. § 1153 (the Major Crimes Act (on Indian reservations)); Felicia v. United States, 495 F.2d 353 (8th Cir.), cert. denied, 419 U.S. 849 , 95 S.Ct. 88 , 42 L.Ed.2d 79 (1974); Padie v. State, 557 P.2d 1138 (Alaska 1976) (where statute of limitations had run on lesser offense but not on greater offense). 5 . 1990See Keeble v. United States, 412 U.S. 205 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 (1973) (considering an analogous issue under 18 U.S.C. § 1153 (the Major Crimes Act (on Indian reservations)); Felicia v. United States, 495 F.2d 353 (8th Cir.), cert. denied, 419 U.S. 849 , 95 S.Ct. 88 , 42 L.Ed.2d 79 (1974); Padie v. State, 557 P.2d 1138 (Alaska 1976) (where statute of limitations had run on lesser offense but not on greater offense). 5 . | 1 | 1 |
Bowdach v. Havensgreen1 sentence1987See United States v. Stolarz, 550 F.2d 488, 492 (9th Cir.), cert. denied, 434 U.S. 851 , 98 S.Ct. 162 , 54 L.Ed.2d 119 (1977); United States v. Whitaker, 447 F.2d 314, 319-21 (D.C.Cir.1971). | 1 | 1 |
Stolarz v. United Statesgreen1 sentence1987See United States v. Stolarz, 550 F.2d 488, 492 (9th Cir.), cert. denied, 434 U.S. 851 , 98 S.Ct. 162 , 54 L.Ed.2d 119 (1977); United States v. Whitaker, 447 F.2d 314, 319-21 (D.C.Cir.1971). | 1 | 1 |
Marker v. Stategreen1 sentence1985Marker v. State, 692 P.2d at 983 (citations omitted). *711 Assuming arguendo that third-degree theft would otherwise have qualified as a lesser-included offense of burglary in this case, we think it manifest that theft is not “inherently related” to burglary. | 1 | 1 |
United States v. Larry Burdette Johnsongreen1 sentence1984See, e.g., United States v. Johnson, 637 F.2d 1224 (9th Cir.1980); United States v. Whitaker, 447 F.2d 314 (D.C.Cir.1971); People v. Geiger, 674 P.2d 1303 (Cal.1984). | 1 | 1 |
Valentine v. Stategreen1 sentence1982Loesche v. State, 620 P.2d 646, 652 (Alaska 1980); Valentine v. State, 617 P.2d 751, 752 (Alaska 1980); Christie v. State, 580 P.2d 310, 320 (Alaska 1978); Hawthorne v. State, 501 P.2d 155, 157 (Alaska 1972). | 1 | 1 |
Hawthorne v. Stategreen1 sentence1982Loesche v. State, 620 P.2d 646, 652 (Alaska 1980); Valentine v. State, 617 P.2d 751, 752 (Alaska 1980); Christie v. State, 580 P.2d 310, 320 (Alaska 1978); Hawthorne v. State, 501 P.2d 155, 157 (Alaska 1972). | 1 | 1 |
Loesche v. Stategreen1 sentence1982Loesche v. State, 620 P.2d 646, 652 (Alaska 1980); Valentine v. State, 617 P.2d 751, 752 (Alaska 1980); Christie v. State, 580 P.2d 310, 320 (Alaska 1978); Hawthorne v. State, 501 P.2d 155, 157 (Alaska 1972). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Padie v. State
green
2 sentences1990See Keeble v. United States, 412 U.S. 205 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 (1973) (considering an analogous issue under 18 U.S.C. § 1153 (the Major Crimes Act (on Indian reservations)); Felicia v. United States, 495 F.2d 353 (8th Cir.), cert. denied, 419 U.S. 849 , 95 S.Ct. 88 , 42 L.Ed.2d 79 (1974); Padie v. State, 557 P.2d 1138 (Alaska 1976) (where statute of limitations had run on lesser offense but not on greater offense). 5 . 1983Cf. Padie v. State, 557 P.2d 1138 (Alaska 1976). [11] Even though the jury could not agree on the issue of whether Hughes deliberately killed Joseph Hochong, Judge Ripley was free to consider this information where it was sufficiently verified. | 3 | 1979–1990 |
Nathaniel v. State
green
2 sentences1988Although we expressed doubt as to whether a jury could reasonably find that a victim consented to sexual intercourse immediately after a violent assault, we found that the “evidence at trial as to whether [the defendant] actually engaged in sexual intercourse with [the victim] after attacking her was sufficiently disputed to require a lesser-included offense instruction.” Id. at 855 . 1983Nathaniel v. State, 668 P.2d 851 (Alaska App.1983). | 2 | 1983–1988 |
Villafranca v. People
green
2 sentences1994Cf. People v. Brown, 185 Colo. 272 , 523 P.2d 986, 988 (1974) (separate convictions for simple possession and possession with intent to sell the same drugs barred by double jeopardy when they arise from a single act of possession), overruled on other grounds, Villafranca v. People, 194 Colo. 472 , 573 P.2d 540 (1978). 6 Since Atkinson does not dispute the trial court's instructions as to Count II, and since his conviction for two counts was improper regardless of whether he was entitled to a lesser-included offense instruction on Count I, we direct the trial court, on remand, to *496 enter an 1994Cf. People v. Brown, 185 Colo. 272 , 523 P.2d 986, 988 (1974) (separate convictions for simple possession and possession with intent to sell the same drugs barred by double jeopardy when they arise from a single act of possession), overruled on other grounds, Villafranca v. People, 194 Colo. 472 , 573 P.2d 540 (1978). 6 Since Atkinson does not dispute the trial court's instructions as to Count II, and since his conviction for two counts was improper regardless of whether he was entitled to a lesser-included offense instruction on Count I, we direct the trial court, on remand, to *496 enter an | 1 | 1994–1994 |
Wallace P. Felicia v. United States
green
1 sentence1990See Keeble v. United States, 412 U.S. 205 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 (1973) (considering an analogous issue under 18 U.S.C. § 1153 (the Major Crimes Act (on Indian reservations)); Felicia v. United States, 495 F.2d 353 (8th Cir.), cert. denied, 419 U.S. 849 , 95 S.Ct. 88 , 42 L.Ed.2d 79 (1974); Padie v. State, 557 P.2d 1138 (Alaska 1976) (where statute of limitations had run on lesser offense but not on greater offense). 5 . | 1 | 1990–1990 |
Schellenberg v. United States
green
1 sentence1990See Keeble v. United States, 412 U.S. 205 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 (1973) (considering an analogous issue under 18 U.S.C. § 1153 (the Major Crimes Act (on Indian reservations)); Felicia v. United States, 495 F.2d 353 (8th Cir.), cert. denied, 419 U.S. 849 , 95 S.Ct. 88 , 42 L.Ed.2d 79 (1974); Padie v. State, 557 P.2d 1138 (Alaska 1976) (where statute of limitations had run on lesser offense but not on greater offense). 5 . | 1 | 1990–1990 |
Grant v. Washington
green
1 sentence1990See Keeble v. United States, 412 U.S. 205 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 (1973) (considering an analogous issue under 18 U.S.C. § 1153 (the Major Crimes Act (on Indian reservations)); Felicia v. United States, 495 F.2d 353 (8th Cir.), cert. denied, 419 U.S. 849 , 95 S.Ct. 88 , 42 L.Ed.2d 79 (1974); Padie v. State, 557 P.2d 1138 (Alaska 1976) (where statute of limitations had run on lesser offense but not on greater offense). 5 . | 1 | 1990–1990 |
People v. Geiger
red
1 sentence1984See, e.g., United States v. Johnson, 637 F.2d 1224 (9th Cir.1980); United States v. Whitaker, 447 F.2d 314 (D.C.Cir.1971); People v. Geiger, 674 P.2d 1303 (Cal.1984). | 1 | 1984–1984 |
Hopper v. Evans
green
2 sentences1983Hopper v. Evans, 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982). 1983Hopper v. Evans, 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982). | 1 | 1983–1983 |
| Mahle v. State green | 1 | 1979–1979 |
State v. Spencer
green
2 sentences1979Of the three cases on the subject decided between 1964 and 1973, two employ the statutory approach, 15 and one adopts the test of sufficient notice in the indictment characteristic of the cognate approach. 16 Only in Mahle v. State, 392 P.2d 19 (Alaska 1964), was a lesser included offense instruction refused under the statutory approach and it was not followed in State v. Spencer, 514 P.2d 14 (Alaska 1973), which, in principle, seems to have used the cognate approach. 1979Of the three cases on the subject decided between 1964 and 1973, two employ the statutory approach, [15] and one adopts the test of sufficient notice in the indictment characteristic of the cognate approach. [16] Only in Mahle v. State, 392 P.2d 19 (Alaska 1964), was a lesser included offense instruction refused under the statutory approach and it was not followed in State v. Spencer, 514 P.2d 14 (Alaska 1973), which, in principle, seems to have used the cognate approach. | 1 | 1979–1979 |
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.