defendant requests instruction in Indiana

2020“Instructing the jury is a matter within the discretion of the trial court, and we’ll reverse only if there’s an abuse of discretion.” Cardosi v. State, 128 N.E.3d 1277, 1284 (Ind. 2019). “[W]e look to whether evidence presented at trial supports the instruction and to whether its substance is covered by other instructions.” Batchelor v. State, 119 N.E.3d 550, 554 (Ind. 2019). [35] Further, Court of Appeals of Indiana | Memorandum Decision 19A-CR-1747 | July 22, 2020 Page 16 of 23 [w]hen a defendant requests an instruction covering a lesser- included offense, a trial court applies the three-pa

2019Further, as our Supreme Court has held: When a defendant requests an instruction covering a lesser- included offense, a trial court applies the three-part analysis set forth in Wright v. State, 658 N.E.2d 563, 566-67 (Ind. 1995).

2025Alexander v. State, 819 N.E.2d 533, 544 (Ind. Ct. App. 2004). [27] In light of this precedent, Schaefer argues, “[i]n Indiana, one of two events can lead to the instruction [being] given (1) the defendant can ask for it or (2) it can be given when a misstatement of the law occurred.” Appellant’s Amended Reply Brief at 8.

2020“Instructing the jury is a matter within the discretion of the trial court, and we’ll reverse only if there’s an abuse of discretion.” Cardosi v. State, 128 N.E.3d 1277, 1284 (Ind. 2019). “[W]e look to whether evidence presented at trial supports the instruction and to whether its substance is covered by other instructions.” Batchelor v. State, 119 N.E.3d 550, 554 (Ind. 2019). [35] Further, Court of Appeals of Indiana | Memorandum Decision 19A-CR-1747 | July 22, 2020 Page 16 of 23 [w]hen a defendant requests an instruction covering a lesser- included offense, a trial court applies the three-pa

2020“Instructing the jury is a matter within the discretion of the trial court, and we’ll reverse only if there’s an abuse of discretion.” Cardosi v. State, 128 N.E.3d 1277, 1284 (Ind. 2019). “[W]e look to whether evidence presented at trial supports the instruction and to whether its substance is covered by other instructions.” Batchelor v. State, 119 N.E.3d 550, 554 (Ind. 2019). [35] Further, Court of Appeals of Indiana | Memorandum Decision 19A-CR-1747 | July 22, 2020 Page 16 of 23 [w]hen a defendant requests an instruction covering a lesser- included offense, a trial court applies the three-pa

2018Webb v. State, 963 N.E.2d 1103, 1106 (Ind. 2012).

2016When a defendant requests an instruction on a lesser-included offense, the court first must determine “whether the lesser offense is either inherently or factually included within the crime charged.” Lane v. State, 997 N.E.2d 83, 87 (Ind. Ct. App. 2013), trans. denied.

2013On appeal, this court recognized that the Indiana Supreme Court has previously held where a defendant requests an instruction “which advises the jury that the presumption of innocence prevails until the close of the trial, and that it is the duty of the jury to reconcile the evidence upon the theory of the defendant’s innocence if they could do so, must be given if requested.” Id. (quoting Robey v. State, 454 N.E.2d 1221, 1222 (Ind. 1983) (citing Farley v. State, 127 Ind. 419 , 26 N.E. 898 (1891); Simmons v. State, 179 Ind. App. 342 , 385 N.E.2d 225 (1979))).

2013Smith v. State, 777 N.E.2d 32, 36 (Ind.Ct.App.2002), trans. denied.

2008“When a defendant requests an instruction covering a lesser-included offense, a trial court applies the three-part analysis set forth in Wright v. State, 658 N.E.2d 563, 566-67 (Ind.1995).” Wilson v. State, 765 N.E.2d 1265, 1271 (Ind.2002).