Topic: there must be some rational basis for the lesser charge; ot… · Go Syfert
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Topic #22362

5 canonical passages across 5 cases, quoted by 17 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. Rodney Sinclair.

#Case FlagCanonical passage Citers
1 United States v. Rodney Sinclair Anchor
cadc · 1971
green “there must be some rational basis for the lesser charge; otherwise it is merely a device for defendant to invoke the mercy-dispensing prerogative of the jury, and that is not by itself a permissible basis to require a lesser-included offense instruction.” 4
2 State v. Berlin
wash · 1997
green “lucky required us to look to 'the elements of the pertinent charged offenses as they appeared in the context of the broad statutory perspective, and not in the more narrow perspective of the offenses as prosecuted.” 4
3 State v. Ortiz
wash · 1992
red “the same person must have committed the rape and the murder, as evidenced by the footprints sealed in blood.” 3
4 State v. Luvene
wash · 1995
green “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” 3
5 State v. Miller
wash · 1931
green “when the appellant entered the express office intending to rob it and saw two men present, he may have very hastily concluded that it was advisable to dispose of ivester so he would have but one man to contend with.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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