lesser included offense jury instruction in Washington

2025According to the trial court, “[t]he availability of a compromised verdict would not have changed the outcome of the trial.” 2 VRP (Mar. 2, 2022) at 724 (citing State v. Grier, 171 Wn.2d 17 , 246 P.3d 1260 (2011), cert. denied, 574 U.S. 860 (2014)).

2017The Washington Supreme Court, in State v. Grier, 171 Wn.2d 17 (2011), may have ignored this general standard of prejudice, for purposes of an ineffective assistance of counsel analysis. and established a greater burden for the accused to carry in our context of the failure to seek a lesser included offense jury instruction.

2025According to the trial court, “[t]he availability of a compromised verdict would not have changed the outcome of the trial.” 2 VRP (Mar. 2, 2022) at 724 (citing State v. Grier, 171 Wn.2d 17 , 246 P.3d 1260 (2011), cert. denied, 574 U.S. 860 (2014)).

2023State v. Davis, 121 Wn.2d 1, 4 , 846 P.2d 527 (1993), abrogated on other grounds by State v. Berlin, 133 Wn.2d 541 , 947 P.2d 700 (1997).

2023State v. Davis, 121 Wn.2d 1, 4 , 846 P.2d 527 (1993), abrogated on other grounds by State v. Berlin, 133 Wn.2d 541 , 947 P.2d 700 (1997).

2023State v. Davis, 121 Wn.2d 1, 4 , 846 P.2d 527 (1993), abrogated on other grounds by State v. Berlin, 133 Wn.2d 541 , 947 P.2d 700 (1997).

2018App. 209, 218 , 211 P.3d 441 (2009) (characterizing a decision to not request a lesser-included offense jury instruction as part of a legitimate all or nothing trial strategy).

2015A defendant is entitled to an instruction on an inferior degree offense when "(1) the statutes for both the charged offense and the proposed inferior degree offense "proscribe but one offense"; (2) the information charges an offense that is divided into degrees, and the proposed offense is an inferior degree of the charged offense; and (3) there is evidence that the defendant committed only the inferior offense." State v. Peterson. 133 Wn.2d 885, 891 , 948 P.2d 381 (1997) (emphasis added) (quoting Sate v. Foster. 91 Wn.2d 46, 472 , 589 P.2d 789 (1979) and State v. Daniels. 56 Wn.

2015A defendant is entitled to an instruction on an inferior degree offense when "(1) the statutes for both the charged offense and the proposed inferior degree offense "proscribe but one offense"; (2) the information charges an offense that is divided into degrees, and the proposed offense is an inferior degree of the charged offense; and (3) there is evidence that the defendant committed only the inferior offense." State v. Peterson. 133 Wn.2d 885, 891 , 948 P.2d 381 (1997) (emphasis added) (quoting Sate v. Foster. 91 Wn.2d 46, 472 , 589 P.2d 789 (1979) and State v. Daniels. 56 Wn.

2015A defendant is entitled to an instruction on an inferior degree offense when "(1) the statutes for both the charged offense and the proposed inferior degree offense "proscribe but one offense"; (2) the information charges an offense that is divided into degrees, and the proposed offense is an inferior degree of the charged offense; and (3) there is evidence that the defendant committed only the inferior offense." State v. Peterson. 133 Wn.2d 885, 891 , 948 P.2d 381 (1997) (emphasis added) (quoting Sate v. Foster. 91 Wn.2d 46, 472 , 589 P.2d 789 (1979) and State v. Daniels. 56 Wn.

2015A defendant is entitled to an instruction on an inferior degree offense when "(1) the statutes for both the charged offense and the proposed inferior degree offense "proscribe but one offense"; (2) the information charges an offense that is divided into degrees, and the proposed offense is an inferior degree of the charged offense; and (3) there is evidence that the defendant committed only the inferior offense." State v. Peterson. 133 Wn.2d 885, 891 , 948 P.2d 381 (1997) (emphasis added) (quoting Sate v. Foster. 91 Wn.2d 46, 472 , 589 P.2d 789 (1979) and State v. Daniels. 56 Wn.

2014App. 1, 21 , 177 P. 3d 1127 ( 2007)), review denied, 176 Wn.2d 1023 ( 2013). 3 Gordon asserts that his defense counsel was ineffective for failing to request a lesser included offense jury instruction and Justin asserts that his defense counsel was ineffective for failing to request either a lesser included or an inferior degree offense jury instruction. 9 No. 44115 -2 -II Consolidated with No. 44118 -7 -II A defendant is entitled to a lesser included offense jury instruction if ( each element of 1) the lesser offense is a necessary element of the charged offense, and ( 2) the evidence support

2014State v. Nguyen, 165 Wn.2d 428, 434 , 197 P. 3d 673 ( 2008).

2014State v. Nguyen, 165 Wn.2d 428, 434 , 197 P. 3d 673 ( 2008).

1994Thus, even where the greater crime may he committed by alternative means, if that crime is charged by specifying the alternative means, a lesser included offense which satisfies the legal and factual prongs of the Workman test should be instructed upon when requested, even if the lesser offense would not be a lesser included as to other, uncharged (and therefore hypothetical) alternatives of the greater offense. 7 See State v. Sample, 52 Wn.