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12 Vermont opinions name it 1 courts 1981–2019 0 in the last five years
The cases below were cited by Vermont 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 |
|---|---|---|
Keeble v. United Statesgreen2 sentences1992A defendant is entitled to a lesser-included offense instruction “if the evidence would permit a jury rationally to find him guilty of the lesser offense and acquit him of the greater.” Keeble v. United States, 412 U.S. 205, 208 (1973). 1992A defendant is entitled to a lesser-included offense instruction "if the evidence would permit a jury rationally to find him guilty of the lesser offense and acquit him of the greater." Keeble v. United States, 412 U.S. 205, 208 , 93 S.Ct. 1993, 1995 , 36 L.Ed.2d 844 (1973). | 2 | 2 |
State v. Boliogreen2 sentences2002A lesser-included offense instruction is appropriate "if the elements of the lesser offense must necessarily be included in the greater offense." State v. Bolio, 159 Vt. 250, 252 , 617 A.2d 885, 886 (1992). 2002A lesser-included offense instruction is appropriate "if the elements of the lesser offense must necessarily be included in the greater offense." State v. Bolio, 159 Vt. 250, 252 , 617 A.2d 885, 886 (1992). | 2 | 2 |
Beck v. Alabamagreen2 sentences2002The lesser-included offense instruction "provid[es] the jury with the `third option'... [and] ensures that the jury will accord the defendant the full benefit of the reasonable-doubt standard." Beck v. Alabama, 447 U.S. 625, 634 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980). 2002The lesser-included offense instruction "provid[es] the jury with the `third option'... [and] ensures that the jury will accord the defendant the full benefit of the reasonable-doubt standard." Beck v. Alabama, 447 U.S. 625, 634 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980). | 2 | 2 |
State v. Ronald Beangreen2 sentences2019See State v. Bean, 2016 VT 73, ¶¶ 14-15 , 202 Vt. 361 , 149 A.3d 487 . 2019See State v. Bean, 2016 VT 73, ¶¶ 14-15 , 202 Vt. 361 , 149 A.3d 487 . | 1 | 1 |
State v. Coxgreen1 sentence2016See Cox, 851 A.2d at 1275 (“[T]he trial judge must give a lesser-included offense instruction at the request of either the defendant or the prosecution — even over the objection of the other party — if the evidence presented is such that a jury could rationally find the defendant guilty of the lesser-included offense and acquit the defendant of the greater offense.”); State v. Howland, 402 A.2d 188, 191 (N.H. 1979) (“[T]he State is entitled to have the lesser included offense instruction submitted to the jury if the evidence justifies it. | 1 | 1 |
State v. Howlandgreen1 sentence2016See Cox, 851 A.2d at 1275 (“[T]he trial judge must give a lesser-included offense instruction at the request of either the defendant or the prosecution — even over the objection of the other party — if the evidence presented is such that a jury could rationally find the defendant guilty of the lesser-included offense and acquit the defendant of the greater offense.”); State v. Howland, 402 A.2d 188, 191 (N.H. 1979) (“[T]he State is entitled to have the lesser included offense instruction submitted to the jury if the evidence justifies it. | 1 | 1 |
State v. Alexandergreen2 sentences2004See Alexander, 173 Vt. at 383-84 , 795 A.2d at 1254 ; State v. Mercado, 166 Vt. 632, 632-33 , 699 A.2d 50, 50 (1997) (mem.). ¶ 17. 2004See Alexander, 173 Vt. at 383-84 , 795 A.2d at 1254 ; State v. Mercado, 166 Vt. 632, 632-33 , 699 A.2d 50, 50 (1997) (mem.). ¶ 17. | 1 | 1 |
State v. Mercadogreen2 sentences2004See Alexander, 173 Vt. at 383-84 , 795 A.2d at 1254 ; State v. Mercado, 166 Vt. 632, 632-33 , 699 A.2d 50, 50 (1997) (mem.). ¶ 17. 2004See Alexander, 173 Vt. at 383-84 , 795 A.2d at 1254 ; State v. Mercado, 166 Vt. 632, 632-33 , 699 A.2d 50, 50 (1997) (mem.). ¶ 17. | 1 | 1 |
State v. Delislegreen2 sentences2002See State v. Bolio, 159 Vt. 250, 254 , 617 A.2d 885, 887 (1992); State v. Delisle, 162 Vt. 293, 306 , 648 A.2d 632, 637 (1994). 2002See State v. Bolio, 159 Vt. 250, 254 , 617 A.2d 885, 887 (1992); State v. Delisle, 162 Vt. 293, 306 , 648 A.2d 632, 637 (1994). | 1 | 1 |
In Re Tromblygreen2 sentences2000Ct. App. 1979); cf. In re Trombly, 160 Vt. at 219 , 627 A.2d at 857 (even though defendant controls the decision whether to request a lesser-included-offense instruction, court may override defendant’s refusal of such an instruction if it “is so ill-advised that it undermines a fair trial”); see generally D. 2000Ct. App. 1979); cf. In re Trombly, 160 Vt. at 219 , 627 A.2d at 857 (even though defendant controls the decision whether to request a lesser-included-offense instruction, court may override defendant’s refusal of such an instruction if it “is so ill-advised that it undermines a fair trial”); see generally D. | 1 | 1 |
United States v. Beachey L. Wrightgreen1 sentence2000Compare United States v. Wright, 627 F.2d 1300 (D.C.Cir.1980), with Frendak v. United States, 408 A.2d 364 (D.C.Ct.App.1979); cf. In re Trombly, 160 Vt. at 219 , 627 A.2d at 857 (even though defendant controls the decision whether to request a lesser-included-offense instruction, court may override defendant's refusal of such an instruction if it "is so ill-advised that it undermines a fair trial"); see generally D. | 1 | 1 |
Frendak v. United Statesgreen1 sentence2000Compare United States v. Wright, 627 F.2d 1300 (D.C.Cir.1980), with Frendak v. United States, 408 A.2d 364 (D.C.Ct.App.1979); cf. In re Trombly, 160 Vt. at 219 , 627 A.2d at 857 (even though defendant controls the decision whether to request a lesser-included-offense instruction, court may override defendant's refusal of such an instruction if it "is so ill-advised that it undermines a fair trial"); see generally D. | 1 | 1 |
Spaziano v. Floridared2 sentences1994In so holding, the Supreme Court was required to harmonize its decision with Beck v. Alabama, 447 U.S. 625 (1980), which “made clear that in a capital trial, a lesser included offense instruction is a necessary element of a constitutionally fair trial.” Spaziano, 468 U.S. at 455 . 1994The Court reasoned that requiring the lesser-included-offense instruction after the statute of limitations had run “would simply introduce another type of distortion into the factfinding process” by tricking the jury “into believing that it has a choice of crimes for which to find the defendant guilty, [when] in reality there is no choice.” Id. at 456. | 1 | 1 |
State v. Girouardgreen2 sentences1981We are not, therefore, required to re-examine our cursory holding in State v. Girouard, 135 Vt. 123, 126 , 373 A.2d 836, 838-39 (1977), to the effect that we are without authority to render judgment on the lesser *648 included offense. 1981We are not, therefore, required to re-examine our cursory holding in State v. Girouard, 135 Vt. 123, 126 , 373 A.2d 836, 838-39 (1977), to the effect that we are without authority to render judgment on the lesser *648 included offense. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Myers
green
2 sentences2017More specifically, "[a]n offense is considered lesser included when it is composed of some, but not all, elements of the greater offense and does not have any element not included in the greater offense." State v. Myers , 2011 VT 43 , ¶ 19, 190 Vt. 29 , 26 A.3d 9 (quotation omitted). ¶ 11. 2017More specifically, "[a]n offense is considered lesser included when it is composed of some, but not all, elements of the greater offense and does not have any element not included in the greater offense." State v. Myers , 2011 VT 43 , ¶ 19, 190 Vt. 29 , 26 A.3d 9 (quotation omitted). ¶ 11. | 1 | 2017–2017 |
State v. Wright
green
2 sentences2002We held that any error in the instruction was harmless because defendant was not entitled to a lesser-included offense instruction. 154 Vt. at 517 , 581 A.2d at 724 . 2002We held that any error in the instruction was harmless because defendant was not entitled to a lesser-included offense instruction. 154 Vt. at 517 , 581 A.2d at 724 . | 1 | 2002–2002 |
State v. O'CONNELL
green
2 sentences1992In State v. O’Connell, 149 Vt. 114 , 115-16 n.1, 540 A.2d 1030 , 1031 n.1 (1987), we quoted the definition of “recklessly” in the Model Penal Code § 2.02(c) (1985), as follows: A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. 1992In State v. O’Connell, 149 Vt. 114 , 115-16 n.1, 540 A.2d 1030 , 1031 n.1 (1987), we quoted the definition of “recklessly” in the Model Penal Code § 2.02(c) (1985), as follows: A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. | 1 | 1992–1992 |
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.