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12 Louisiana opinions name it 2 courts 1983–2026 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 |
| 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 |
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.