defendant requests a jury instruction in Indiana

2019However, acknowledging the “potential for confusion in cases where the jury is faced with the option of finding a defendant not responsible by reason of Court of Appeals of Indiana | Memorandum Decision 18A-PC-1065 | February 19, 2019 Page 17 of 23 insanity or guilty but mentally ill,” our supreme court has determined that when such options are before a jury “and the defendant requests a jury instruction on the penal consequences of these verdicts, the trial court is required to give an appropriate instruction or instructions as the case may be.” Georgopulos v. State, 735 N.E.2d 1138, 1143 (In

2013However, acknowledging the “potential for confusion in cases where the jury is faced with the option of finding a defendant not responsible by reason of insanity or guilty but mentally ill” this Court determined that when such options are before a jury “and the defendant requests a jury instruction on the penal consequences of these verdicts, the trial court is required to give an appropriate instruction or instructions as the case may be.” Georgopulos, 735 N.E.2d at 1143 (emphasis added) (footnote omitted).

2019When a defendant requests a jury instruction on a lesser- included offense, the trial court must engage in the three-step analysis set forth in Wright v. State, 658 N.E.2d 563 (Ind. 1995).

2015Wright v. State, 658 N.E.2d 563, 566 (Ind. 1995).

2015Bayes v. State, 791 N.E.2d 263, 264 (Ind. Ct. App. 2003). [51] When a defendant requests a jury instruction on what the defendant believes is a lesser-included offense of the crime charged, the trial court must conduct a three-part analysis.