14 Louisiana opinions name it 2 courts 1982–2026 1 in the last five years
The cases below were cited by Louisiana 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 |
|---|---|---|
State v. Henrygreen2 sentences2016See also State v. Henry, 449 So.2d 486, 489 (La. 1984) (“‘[D]ue process requires that a lesser included offense instruction be given only when the evidence warrants such an instruction. 2016See also State v. Henry, 449 So.2d 486, 489 (La. 1984) (“‘[D]ue process requires that a lesser included offense instruction be given only when the evidence warrants such an instruction. | 3 | 6 |
Hopper v. Evansgreen2 sentences2026As recognized by the United States Supreme Court in Hopper v. Evans, 456 U.S. 605, 611 , 102 S.Ct. 2049, 2053 , 72 L.Ed.2d 367 (1982): [D]ue process requires that a lesser included offense instruction be given when the evidence warrants such an instruction. 2026As recognized by the United States Supreme Court in Hopper v. Evans, 456 U.S. 605, 611 , 102 S.Ct. 2049, 2053 , 72 L.Ed.2d 367 (1982): [D]ue process requires that a lesser included offense instruction be given when the evidence warrants such an instruction. | 1 | 12 |
State v. Johnsongreen1 sentence2002As a general matter, a trial judge has the duty to instruct jurors as to "every phase of the case supported by the evidence whether or not accepted by him as true," and that duty extends to "any theory... which a jury could reasonably infer from the evidence." La.C.Cr.P. art. 802; State v. Marse, 365 So.2d 1319, 1323 (La. 1979); cf. State v. Johnson, 438 So.2d 1091, 1097 (La.1983) (defendant not entitled to negligent homicide instruction because that "defense [not] fairly supported by the evidence" and "charge must be supported by the evidence"); State v. Henry, *483 449 So.2d 486, 488 (La.198 | 1 | 1 |
State v. Marsegreen1 sentence2002As a general matter, a trial judge has the duty to instruct jurors as to "every phase of the case supported by the evidence whether or not accepted by him as true," and that duty extends to "any theory... which a jury could reasonably infer from the evidence." La.C.Cr.P. art. 802; State v. Marse, 365 So.2d 1319, 1323 (La. 1979); cf. State v. Johnson, 438 So.2d 1091, 1097 (La.1983) (defendant not entitled to negligent homicide instruction because that "defense [not] fairly supported by the evidence" and "charge must be supported by the evidence"); State v. Henry, *483 449 So.2d 486, 488 (La.198 | 1 | 1 |
Sansone v. United Statesgreen2 sentences1982A comment at 17 La.L.Rev. 211 points out that LSA-C.Cr.P. art. 803 can reasonably be interpreted as requiring only those charges of which the accused can be found guilty under the indictment and the evidence. [1] The majority of other jurisdictions provide that there is no duty to instruct on lesser and included offenses in the absence of evidence tending to prove such offenses. [2] *260 "A lesser-included offense instruction is only proper where the charged greater offense requires the jury to find a disputed factual element which is not required for conviction of the lesser-included offense. 1982A comment at 17 La.L.Rev. 211 points out that LSA-C.Cr.P. art. 803 can reasonably be interpreted as requiring only those charges of which the accused can be found guilty under the indictment and the evidence. [1] The majority of other jurisdictions provide that there is no duty to instruct on lesser and included offenses in the absence of evidence tending to prove such offenses. [2] *260 "A lesser-included offense instruction is only proper where the charged greater offense requires the jury to find a disputed factual element which is not required for conviction of the lesser-included offense. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Henry
green
2 sentences1985The jury's discretion is thus channelled so that it may convict a defendant of any crime fairly supported by the evidence...' "See also State v. Henry, 439 So.2d 1242 (La.App. 5th Cir.1983), in which a conviction for aggravated rape was affirmed although the trial judge failed to list a statutorily designated lesser verdict (guilty of forcible rape) because it was totally inappropriate to the facts. 1984The jury's discretion is thus channelled so that it may convict a defendant of any crime fairly supported by the evidence..." See also State v. Henry, 439 So.2d 1242 (La.App. 5th Cir.1983), in which a conviction for aggravated rape was affirmed although the trial judge failed to list a statutorily designated lesser verdict (guilty of forcible rape) because it was totally inappropriate to the facts. | 2 | 1984–1985 |
Beck v. Alabama
green
2 sentences2016The defendant also complains, on appeal, that the trial court failed to charge the jury as to its authority to return a lesser verdict, even if convinced of guilt of first degree murder.44 The defendant argues that failure to so instruct the jury constituted a violation of due process, in violation of the rule announced in Beck v. Alabama, 447 U.S. 625, 636 , 100 S.Ct. 2382, 2389 , 65 L.Ed.2d 392 (1980): “[A] defendant is entitled to a lesser included offense instruction where the evidence warrants it.” As an initial matter, the defendant concedes that trial counsel neither requested any such 2016The defendant also complains, on appeal, that the trial court failed to charge the jury as to its authority to return a lesser verdict, even if convinced of guilt of first degree murder.44 The defendant argues that failure to so instruct the jury constituted a violation of due process, in violation of the rule announced in Beck v. Alabama, 447 U.S. 625, 636 , 100 S.Ct. 2382, 2389 , 65 L.Ed.2d 392 (1980): “[A] defendant is entitled to a lesser included offense instruction where the evidence warrants it.” As an initial matter, the defendant concedes that trial counsel neither requested any such | 1 | 2016–2016 |
Spaziano v. Florida
red
2 sentences1988In Spaziano v. Florida, 468 U.S. 447 , 104 S.Ct. 3154, 3160 , 82 L.Ed.2d 340 (1984), the Supreme Court emphasized that "[t]he element the Court in Beck found essential to a fair trial was not simply a lesser included offense instruction in the abstract, but the enhanced rationality and reliability the existence of the instruction introduced into the jury's deliberation." In this case, the trial court charged the jury, as required by La.C.Cr.P. art. 814, that second degree murder and manslaughter were responsive verdicts of first degree murder. 1988In Spaziano v. Florida, 468 U.S. 447 , 104 S.Ct. 3154, 3160 , 82 L.Ed.2d 340 (1984), the Supreme Court emphasized that "[t]he element the Court in Beck found essential to a fair trial was not simply a lesser included offense instruction in the abstract, but the enhanced rationality and reliability the existence of the instruction introduced into the jury's deliberation." In this case, the trial court charged the jury, as required by La.C.Cr.P. art. 814, that second degree murder and manslaughter were responsive verdicts of first degree murder. | 1 | 1988–1988 |
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.