lesser included offense instruction in Arkansas

51 Arkansas opinions name it 2 courts 1984–2026 8 in the last five years

The cases below were cited by Arkansas 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.

Followed or applied (13)

Case	Followed	Cited
State v. Jonesgreen ark · 1995 · cited in 5 Arkansas opinions naming this issue, 1996–2025 2 sentences 2025As the supreme court explained in State v. Jones, Plainly, section 5-1-110(c) does not delegate the decision regarding the propriety of a lesser included offense instruction to the defendant, but requires the trial court to determine whether the proffered instruction concerns a lesser included offense and, if so, whether a rational basis exists for a verdict acquitting the defendant of the greater offense and convicting him of the lesser. . . . [T]he General Assembly’s purpose for this provision was to authorize the trial court “to refuse to instruct on an included offense when the evidence ma 2025As the supreme court explained in State v. Jones, Plainly, section 5-1-110(c) does not delegate the decision regarding the propriety of a lesser included offense instruction to the defendant, but requires the trial court to determine whether the proffered instruction concerns a lesser included offense and, if so, whether a rational basis exists for a verdict acquitting the defendant of the greater offense and convicting him of the lesser. . . . [T]he General Assembly’s purpose for this provision was to authorize the trial court “to refuse to instruct on an included offense when the evidence ma	3	5
Harshaw v. Stategreen ark · 2001 · cited in 8 Arkansas opinions naming this issue, 2001–2025 2 sentences 2025He cites Harshaw v. State, 344 Ark. 129, 132 , 39 S.W.3d 753, 755 (2001), stating that it is “reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence.” This argument is without merit because of the well-established “skip rule,” which provides that when an instruction on a lesser-included offense has been given, and the jury convicts of the greater offense, error resulting from the failure to give an instruction on another still lesser-included offense is cured. 2025He cites Harshaw v. State, 344 Ark. 129, 132 , 39 S.W.3d 753, 755 (2001), stating that it is “reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence.” This argument is without merit because of the well-established “skip rule,” which provides that when an instruction on a lesser-included offense has been given, and the jury convicts of the greater offense, error resulting from the failure to give an instruction on another still lesser-included offense is cured.	2	8
Ellis v. Stategreen ark · 2001 · cited in 3 Arkansas opinions naming this issue, 2001–2016 2 sentences 2016The standard of “any supporting \| ^evidence” is perhaps the lowest showing required in the law; it is reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence. ‘See Brown v. State, 347 Ark. 44 , 60 S.W.3d 422 (2001); Ellis v. State, 345 Ark. 415 , 47 S.W.3d 259 (2001); Harshaw v. State, 344 Ark. 129 , 39 S.W.3d 753 (2001). 2016The standard of “any supporting \| ^evidence” is perhaps the lowest showing required in the law; it is reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence. ‘See Brown v. State, 347 Ark. 44 , 60 S.W.3d 422 (2001); Ellis v. State, 345 Ark. 415 , 47 S.W.3d 259 (2001); Harshaw v. State, 344 Ark. 129 , 39 S.W.3d 753 (2001).	2	3
Grillot v. Stategreen ark · 2003 · cited in 2 Arkansas opinions naming this issue, 2024–2024 2 sentences 2024Grillot v. State, 353 Ark. 294, 318 , 107 S.W.3d 136, 150 (2003). 2024Grillot v. State, 353 Ark. 294, 318 , 107 S.W.3d 136, 150 (2003).	2	2
Doby v. Stategreen ark · 1986 · cited in 8 Arkansas opinions naming this issue, 1990–2024 2 sentences 2016In Doby v. State, 290 Ark. 408 , 720 S.W.2d 694 (1986), this court made clear that there is no rational basis for giving an instruction on a lesser-included offense where the defense is based on a claim of innocence. 2016In Doby v. State, 290 Ark. 408 , 720 S.W.2d 694 (1986), this court made clear that there is no rational basis for giving an instruction on a lesser-included offense where the defense is based on a claim of innocence.	1	8
Fudge v. Stategreen ark · 2000 · cited in 5 Arkansas opinions naming this issue, 2001–2009 2 sentences 2005Stevens v. State, 246 Ark. 1200 , 441 S.W.2d 451 (1969). [2] We find no error in the trial court's refusal to give Cluck's second proffered instruction concerning a lesser-included offense of "attempted possession of drug paraphernalia with intent to manufacture 437 methamphetamine." While it is reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence, see Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000), it is not error to refuse an instruction where there is no rational basis for a verdict acquitting t 2005Stevens v. State, 246 Ark. 1200 , 441 S.W.2d 451 (1969). [2] We find no error in the trial court's refusal to give Cluck's second proffered instruction concerning a lesser-included offense of "attempted possession of drug paraphernalia with intent to manufacture 437 methamphetamine." While it is reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence, see Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000), it is not error to refuse an instruction where there is no rational basis for a verdict acquitting t	1	5
Atkinson v. Stategreen ark · 2002 · cited in 4 Arkansas opinions naming this issue, 2002–2024 2 sentences 2024Atkinson v. State, 347 Ark. 336, 349 , 64 S.W.3d 259, 268 (2002) (citing Chapman v. State, 343 Ark. 643 , 38 S.W.3d 305 (2001)). 2024Atkinson v. State, 347 Ark. 336, 349 , 64 S.W.3d 259, 268 (2002) (citing Chapman v. State, 343 Ark. 643 , 38 S.W.3d 305 (2001)).	1	4
Britt v. Stategreen ark · 2001 · cited in 4 Arkansas opinions naming this issue, 2002–2015 2 sentences 2003The majority cites Britt v. State, 344 Ark. 13 , 38 S.W.3d 363 (2001), for the proposition that a lesser-included offense instruction is appropriate when it is supported by even the slightest evidence. 2003The majority cites Britt v. State, 344 Ark. 13 , 38 S.W.3d 363 (2001), for the proposition that a lesser-included offense instruction is appropriate when it is supported by even the slightest evidence.	1	4
Brown v. Stategreen ark · 1995 · cited in 3 Arkansas opinions naming this issue, 1996–2024 2 sentences 2024See Brown v. State, 321 Ark. 413, 416 , 903 S.W.2d 160, 162 (1995). 2024See Brown v. State, 321 Ark. 413, 416 , 903 S.W.2d 160, 162 (1995).	1	3
Brown v. Stategreen ark · 2001 · cited in 2 Arkansas opinions naming this issue, 2012–2016 2 sentences 2016The standard of “any supporting \| ^evidence” is perhaps the lowest showing required in the law; it is reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence. ‘See Brown v. State, 347 Ark. 44 , 60 S.W.3d 422 (2001); Ellis v. State, 345 Ark. 415 , 47 S.W.3d 259 (2001); Harshaw v. State, 344 Ark. 129 , 39 S.W.3d 753 (2001). 2016The standard of “any supporting \| ^evidence” is perhaps the lowest showing required in the law; it is reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence. ‘See Brown v. State, 347 Ark. 44 , 60 S.W.3d 422 (2001); Ellis v. State, 345 Ark. 415 , 47 S.W.3d 259 (2001); Harshaw v. State, 344 Ark. 129 , 39 S.W.3d 753 (2001).	1	2
Johnson v. Stategreen arkctapp · 2017 · cited in 1 Arkansas opinions naming this issue, 2017–2017 1 sentence 2017See Johnson v. State, 2017 Ark.	1	1
Sweet v. Stategreen ark · 2011 · cited in 1 Arkansas opinions naming this issue, 2016–2016 2 sentences 2016See Sweet v. State, 2011 Ark. 20 , 370 S.W.3d 510 (holding that when the evidence adduced at trial was conclusive to show that aggravated robbery was committed, the trial court was not required to administer a jury instruction on the lesser-included offense of ordinary robbery). 2016See Sweet v. State, 2011 Ark. 20 , 370 S.W.3d 510 (holding that when the evidence adduced at trial was conclusive to show that aggravated robbery was committed, the trial court was not required to administer a jury instruction on the lesser-included offense of ordinary robbery).	1	1
Fry v. Stategreen ark · 1992 · cited in 1 Arkansas opinions naming this issue, 1993–1993	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (28)

Case	Cited	Years
Spann v. State green ark · 1997 2 sentences 2005Spann v. State, 328 Ark. 509 , 944 S.W.2d 537 (1997). 2005Spann v. State, 328 Ark. 509 , 944 S.W.2d 537 (1997).	6	1997–2005
Chapman v. State green ark · 2001 2 sentences 2024Atkinson v. State, 347 Ark. 336, 349 , 64 S.W.3d 259, 268 (2002) (citing Chapman v. State, 343 Ark. 643 , 38 S.W.3d 305 (2001)). 2024Atkinson v. State, 347 Ark. 336, 349 , 64 S.W.3d 259, 268 (2002) (citing Chapman v. State, 343 Ark. 643 , 38 S.W.3d 305 (2001)).	3	2002–2024
Thompson v. State green ark · 1985 2 sentences 2002Id. at 407-08 , 682 S.W.2d at 745 . 1988The lesser included offense doctrine additionally requires that the two crimes be of the same generic class and that the differences between the offenses be based upon the degree of risk or risk of injury to person or property or else upon grades of intent or degrees of culpability. 284 Ark. at 407-408, 682 S.W.2d at 744-45 .	3	1988–2002
Rainey v. State green ark · 1992 2 sentences 2001Spann v. State, 328 Ark. 509 , 944 S.W.2d 537 (1997); Brown v. State, 325 Ark. 504 , 929 S.W.2d 146 (1996); Rainey v. State, 310 Ark. 419 , 837 S.W.2d 453 (1992). 2001Spann v. State, 328 Ark. 509 , 944 S.W.2d 537 (1997); Brown v. State, 325 Ark. 504 , 929 S.W.2d 146 (1996); Rainey v. State, 310 Ark. 419 , 837 S.W.2d 453 (1992).	3	1995–2001
Brown v. State green ark · 1996 2 sentences 2001Spann v. State, 328 Ark. 509 , 944 S.W.2d 537 (1997); Brown v. State, 325 Ark. 504 , 929 S.W.2d 146 (1996); Rainey v. State, 310 Ark. 419 , 837 S.W.2d 453 (1992). 2001Spann v. State, 328 Ark. 509 , 944 S.W.2d 537 (1997); Brown v. State, 325 Ark. 504 , 929 S.W.2d 146 (1996); Rainey v. State, 310 Ark. 419 , 837 S.W.2d 453 (1992).	2	1997–2001
Eathan Cypert v. State of Arkansas green ark · 2025 2 sentences 2026In Cypert v. State, 2025 Ark. 11, at 11 , 705 S.W.3d 496, 502 , the supreme court explained that “a defendant is not entitled to a second-degree murder instruction where all the evidence supports the conclusion that the defendant acted solely with the purpose of killing the victim.” The court in Cypert determined that the appellant was not entitled to the lesser-included-offense instruction because he followed the victim out of a house and fired a high-velocity rifle at her six times. 2026In Cypert v. State, 2025 Ark. 11, at 11 , 705 S.W.3d 496, 502 , the supreme court explained that “a defendant is not entitled to a second-degree murder instruction where all the evidence supports the conclusion that the defendant acted solely with the purpose of killing the victim.” The court in Cypert determined that the appellant was not entitled to the lesser-included-offense instruction because he followed the victim out of a house and fired a high-velocity rifle at her six times.	1	2026–2026
Davis v. State green ark · 2009 2 sentences 2025Davis v. State, 2009 Ark. 478, at 14 , 348 S.W.3d 553, 561 . 2025Davis v. State, 2009 Ark. 478, at 14 , 348 S.W.3d 553, 561 .	1	2025–2025
Walden v. State green ark · 2016 1 sentence 2018Id. at 4, 498 S.W.3d at 729 .	1	2018–2018
Henson v. State green ark · 1988 2 sentences 2016The court held that when “the facts are susceptible of more than one interpretation, a lesser included offense instruction should be given.” Id., 757 S.W.2d at 561 . 2016The court held that when “the facts are susceptible of more than one interpretation, a lesser included offense instruction should be given.” Id., 757 S.W.2d at 561 .	1	2016–2016
Starling v. State green ark · 2016 1 sentence 2016The standard of “any supporting 11 Cite as 2016 Ark. 20 evidence” is perhaps the lowest showing required in the law; it is reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence.	1	2016–2016
Longariello v. School Board of Dade County neutral scotus · 1998 1 sentence 2016Subsequently, in Brown v. State, 321 Ark. 413 , 903 S.W.2d 160 (1995), cert. denied, 524 U.S. 909 (1998), we reaffirmed our position that no rational basis exists for instructions on lesser-included offenses when the defendant denies that he committed the offense.	1	2016–2016
Johnson v. State green ark · 2009 2 sentences 2015Johnson v. State, 2009 Ark. 460 , 344 S.W.3d 74 (per curiam). 2015Johnson v. State, 2009 Ark. 460 , 344 S.W.3d 74 (per curiam).	1	2015–2015
Feuget v. State green ark · 2015 1 sentence 2015While the trial court may err to refuse 7 Cite as 2015 Ark. 43 instructions on a lesser-included offense where the defense is not inconsistent with those instructions, counsel is not ineffective merely because an all-or-nothing strategy fails.	1	2015–2015
Jones v. State green ark · 2012 2 sentences 2013Jones v. State, 2012 Ark. 38 , 388 S.W.3d 411 . 2013Jones v. State, 2012 Ark. 38 , 388 S.W.3d 411 .	1	2013–2013
Nickelson v. State green arkctapp · 2012 1 sentence 2012Nickelson v. State, 2012 Ark.	1	2012–2012
Boyle v. State green ark · 2005 2 sentences 2006Boyle v. State, 363 Ark. 356 , 214 S.W.3d 250 (2005); Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000). 2006Boyle v. State, 363 Ark. 356 , 214 S.W.3d 250 (2005); Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000).	1	2006–2006
Stevens v. State neutral ark · 1969 2 sentences 2005Stevens v. State, 246 Ark. 1200 , 441 S.W.2d 451 (1969). [2] We find no error in the trial court's refusal to give Cluck's second proffered instruction concerning a lesser-included offense of "attempted possession of drug paraphernalia with intent to manufacture 437 methamphetamine." While it is reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence, see Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000), it is not error to refuse an instruction where there is no rational basis for a verdict acquitting t 2005Stevens v. State, 246 Ark. 1200 , 441 S.W.2d 451 (1969). [2] We find no error in the trial court's refusal to give Cluck's second proffered instruction concerning a lesser-included offense of "attempted possession of drug paraphernalia with intent to manufacture 437 methamphetamine." While it is reversible error to refuse to give an instruction on a lesser-included offense when the instruction is supported by even the slightest evidence, see Fudge v. State, 341 Ark. 759 , 20 S.W.3d 315 (2000), it is not error to refuse an instruction where there is no rational basis for a verdict acquitting t	1	2005–2005
McCoy v. State green ark · 2002 1 sentence 2004McCoy v. State, 347 Ark. 913 , 69S.W.3d 430 (2002).	1	2004–2004
Gidron v. State neutral ark · 1994	1	1997–1997
United States v. Benjamin T. Thornton green cadc · 1984	1	1995–1995
United States v. Rodney Sinclair green cadc · 1971	1	1995–1995
Young v. State green ark · 1984	1	1995–1995
Mitchell v. State green ark · 1993	1	1995–1995
Crenshaw v. State neutral arkctapp · 1980	1	1993–1993
Watson v. State green ark · 1992	1	1993–1993
Shamlin v. State neutral arkctapp · 1988	1	1990–1990
Westbrook v. State green ark · 1979	1	1984–1984
King v. State green ark · 1915	1	1984–1984

Statutes the citing opinions construe

AR § Ark. Code Ann. § 5-1-110 (17) AR § Ark. Code Ann. § 5-2-202 (13) AR § Ark. Code Ann. § 5-10-103 (11) AR § Ark. Code Ann. § 5-10-102 (10) AR § Ark. Code Ann. § 5-10-104 (7) AR § Ark. Code Ann. § 5-12-102 (7) AR § Ark. Code Ann. § 5-12-103 (7) AR § Ark. Code Ann. § 5-2-403 (6) AR § Ark. Code Ann. § 5-10-101 (5) AR § Ark. Code Ann. § 16-90-120 (4) AR § Ark. Code Ann. § 5-64-101 (4) AR § Ark. Code Ann. § 5-2-614 (3)

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.

Where else courts name it

TX 965 (1980–2026) MS 391 (1984–2026) IL 242 (1978–2026) WA 237 (1977–2026) CA 200 (1975–2026) OH 191 (1975–2026) TN 156 (1995–2026) MO 139 (1976–2025) KS 123 (1978–2026) AZ 101 (1979–2025) IN 88 (1974–2024) NM 83 (1979–2025) UT 75 (1982–2026) DC 67 (1975–2021) CT 65 (1980–2025) WI 60 (1984–2025) AL 56 (1982–2024) MI 55 (1966–2025) NC 54 (1980–2026) WY 52 (1978–2024) AR 51 (1984–2026) MT 47 (1978–2025) KY 47 (1993–2025) WV 46 (1981–2026) NJ 45 (1979–2025) CO 44 (1974–2026) MN 39 (1976–2026) MA 39 (1984–2025) VA 33 (1976–2025) FL 32 (1972–2021) NE 31 (1982–2025) OK 27 (1981–2020) OR 25 (1970–2016) ND 23 (1977–2025) AK 23 (1979–2025) IA 23 (1980–2025) HI 23 (1980–2026) RI 22 (1981–2026) DE 20 (1992–2025) PA 19 (1975–2016) SD 19 (1986–2019) SC 17 (1985–2023) MD 17 (1989–2024) NV 17 (1994–2019) LA 14 (1982–2026) VT 12 (1981–2019) NH 12 (1979–2020) NY 10 (1978–2023) ID 8 (1983–2022) GA 7 (1982–2011) ME 3 (2007–2025) GU 2 (2024–2024)

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.

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