evidentiary basis instruction (District of Columbia) · Go Syfert
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evidentiary basis instruction in District of Columbia

5 District of Columbia opinions name it 1 courts 1989–2024 1 in the last five years

The cases below were cited by District of Columbia 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 (4)

CaseFollowedCited
McClam v. United Statesgreen
dc · 2001 · cited in 1 District of Columbia opinions naming this issue, 2024–2024
1 sentence

2024“Once the defendant requests an instruction, it is not necessary that the evidentiary basis for the instruction stem from the defendant’s evidence; it may also be derived from the government’s evidence.” McClam v. United States, 775 A.2d 1100, 1104 (D.C. 2001).

11
Guillard v. United Statesgreen
dc · 1991 · cited in 1 District of Columbia opinions naming this issue, 2001–2001
1 sentence

2001See Wilson v. United States, 673 A.2d 670, 673 (D.C.1996) (“[A]n accused is entitled to a self-defense instruction if the evidence, either that of the defense or prosecution, fairly raises the issue”) (emphasis added) (quoting Guillard v. United States, 596 A.2d 60, 63 (D.C.1991)); Reid v. United States, 581 A.2d 359, 367 (D.C.1990) (holding that the testimony of the defendant is not necessary to put a claim before the jury).

11
Wilson v. United Statesgreen
dc · 1996 · cited in 1 District of Columbia opinions naming this issue, 2001–2001
1 sentence

2001See Wilson v. United States, 673 A.2d 670, 673 (D.C.1996) (“[A]n accused is entitled to a self-defense instruction if the evidence, either that of the defense or prosecution, fairly raises the issue”) (emphasis added) (quoting Guillard v. United States, 596 A.2d 60, 63 (D.C.1991)); Reid v. United States, 581 A.2d 359, 367 (D.C.1990) (holding that the testimony of the defendant is not necessary to put a claim before the jury).

11
Reid v. United Statesgreen
dc · 1990 · cited in 1 District of Columbia opinions naming this issue, 2001–2001
1 sentence

2001See Wilson v. United States, 673 A.2d 670, 673 (D.C.1996) (“[A]n accused is entitled to a self-defense instruction if the evidence, either that of the defense or prosecution, fairly raises the issue”) (emphasis added) (quoting Guillard v. United States, 596 A.2d 60, 63 (D.C.1991)); Reid v. United States, 581 A.2d 359, 367 (D.C.1990) (holding that the testimony of the defendant is not necessary to put a claim before the jury).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Keeble v. United States green
scotus · 1973
2 sentences

2000We adhere to the view we stated in Moore, 599 A.2d at 1387 , that "[w]hen there is an evidentiary basis for an instruction on a less included offense, the defendant's right to such an instruction implicates constitutional considerations of basic fairness.” See also Keeble, 412 U.S. at 213 , 93 S.Ct. 1993 (”[W]hile we have never explicitly held that the Due Process Clause of the Fifth Amendment guarantees the right of a defendant to have the jury instructed on a lesser included offense, it is nevertheless clear that a construction of the Major Crimes Act to preclude such an instruction would ra

2000We adhere to the view we stated in Moore, 599 A.2d at 1387 , that "[w]hen there is an evidentiary basis for an instruction on a less included offense, the defendant's right to such an instruction implicates constitutional considerations of basic fairness.” See also Keeble, 412 U.S. at 213 , 93 S.Ct. 1993 (”[W]hile we have never explicitly held that the Due Process Clause of the Fifth Amendment guarantees the right of a defendant to have the jury instructed on a lesser included offense, it is nevertheless clear that a construction of the Major Crimes Act to preclude such an instruction would ra

12000–2000
Moore v. United States green
dc · 1991
2 sentences

2000We adhere to the view we stated in Moore, 599 A.2d at 1387 , that "[w]hen there is an evidentiary basis for an instruction on a less included offense, the defendant's right to such an instruction implicates constitutional considerations of basic fairness.” See also Keeble, 412 U.S. at 213 , 93 S.Ct. 1993 (”[W]hile we have never explicitly held that the Due Process Clause of the Fifth Amendment guarantees the right of a defendant to have the jury instructed on a lesser included offense, it is nevertheless clear that a construction of the Major Crimes Act to preclude such an instruction would ra

2000We adhere to the view we stated in Moore, 599 A.2d at 1387 , that "[w]hen there is an evidentiary basis for an instruction on a less included offense, the defendant's right to such an instruction implicates constitutional considerations of basic fairness." See also Keeble, 412 U.S. at 213 , 93 S.Ct. 1993 ("[W]hile we have never explicitly held that the Due Process Clause of the Fifth Amendment guarantees the right of a defendant to have the jury instructed on a lesser included offense, it is nevertheless clear that a construction of the Major Crimes Act to preclude such an instruction would ra

12000–2000
Beck v. Alabama green
scotus · 1980
2 sentences

1991Beck, supra, 447 U.S. at 637 , 100 S.Ct. at 2389 .

1991Beck, supra, 447 U.S. at 637 , 100 S.Ct. at 2389 .

11991–1991
Copening v. United States green
dc · 1976
1 sentence

1989As authority for this notion, the government principally relies on Copening v. United States, 353 A.2d 305 (D.C.1976).

11989–1989

Where else courts name it

IL 34 (1974–2026) MS 30 (1992–2026) TX 7 (2016–2016) CA 7 (1963–2022) NM 6 (2015–2024) DC 5 (1989–2024) PA 3 (1973–2023) NY 2 (1986–1988) VA 2 (2017–2024) IN 2 (1986–2005) MI 2 (1997–2021) OR 2 (2016–2016) OH 2 (1998–2016) UT 2 (2012–2026) WV 2 (2015–2018)

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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