lesser-included-offense

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25A838 United States v. Jason Robert Hopson Tenth Circuit 2026-01-21 Application felony-assault indian-country jury-instruction lesser-included-offense major-crimes-act subject-matter-jurisdiction Question not identified.
25-6404 JT Myore v. United States Eighth Circuit 2025-12-18 Pending Response WaivedIFP burden-of-proof criminal-jury-instructions due-process homicide-prosecution lesser-included-offense voluntary-manslaughter Under federal law, murder is defined as "the unlawful killing of a human being with malice aforethought." 18 U.S.C. § 1. Voluntary manslaughter is def…
24-6966 Mick J. Careaga v. United States Ninth Circuit 2025-04-10 Denied Response WaivedIFP acquittal criminal-procedure due-process jury-verdict lesser-included-offense trial-by-jury Whether the Due Process clause permits a court to ignore a jury's finding of Not Guilty on a lesser, necessarily included charge while accepting the s…
24-882 Derrick Chatman v. Mississippi Mississippi 2025-02-18 Denied Response Waived constitutional-law criminal-procedure direct-remand jury-unanimity lesser-included-offense sixth-amendment Does a state court direct-remand rule that infers jury unanimity on a lesser-included offense violate the Sixth Amendment, where the jury's verdict wa…
24-6539 Fernando Lopez-Armenta v. United States Ninth Circuit 2025-02-11 Denied Response WaivedIFP constitutional-rights criminal-defense fifth-amendment lesser-included-offense sixth-amendment trial-instruction Where the sole defense raised to a criminal charge is guilt of a lesser included offense, does the right to a present a defense rooted in the Fifth an…
24-5736 James Ray Pendergraft v. Texas Texas 2024-10-10 Denied IFP constitutional-review criminal-appeals ineffective-assistance lesser-included-offense procedural-error trial-record Whether the Texas Court of Criminal Appeals improperly denied a lesser included offense instruction and found counsel not ineffective, and whether the…
24-164 Aaron York Dean v. Texas Texas 2024-08-15 Denied Response Waived due-process equal-protection fifth-amendment grand-jury-indictment lesser-included-offense sixth-amendment Does Grey v. State violate constitutional due process and equal protection by allowing the State unequal procedural rights in submitting lesser-includ…
24-5294 Tommy J. May v. Kansas Kansas 2024-08-09 Denied IFP criminal-procedure due-process first-degree-murder jury-instruction lesser-included-offense voluntary-manslaughter Whether a criminal defendant is entitled to a jury instruction on the lesser-included offense of attempted voluntary manslaughter when charged with fi…
23-6890 Lamar Larue White v. California California 2024-03-05 Denied IFP brady-material constitutional-rights dna-evidence due-process ineffective-assistance-of-counsel jury-instructions lesser-included-offense sixth-amendment Jury-instructions
23-6004 Reginald C. Scott v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2023-11-14 Denied IFP constitutional-prohibition criminal-law double-jeopardy due-process fifth-amendment lesser-included-offense pennsylvania-law same-offense statutory-interpretation Whether Robbery and Second Degree Murder constitute the 'same offense' under the Double Jeopardy Clause
23-5899 Rande Brian Isabella v. United States Tenth Circuit 2023-10-27 Denied Response WaivedRelisted (2)IFP certificate-of-appealability constitutional-error double-jeopardy fifth-amendment lesser-included-offense manifest-constitutional-error sanabria-rule sanabria-v-united-states trial-termination Whether the district court violated the defendant's Fifth Amendment double jeopardy rights by placing him back in jeopardy under a lesser-included 'at…
23-5513 Rickeena Hamilton v. Tennessee Tennessee 2023-09-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense right-to-present-defense second-degree-murder Did these instructions, which imposed on the defendant a burden of proving her innocence of second-degree murder beyond a reasonable doubt, violate du…
23-5200 Augustine Rincon Medina v. California California 2023-07-26 Denied IFP birks-rule constitutional-law criminal-charging criminal-procedure due-process jury-instructions lesser-included-offense lesser-offense prosecutorial-discretion Whether the rule announced in People v. Birks (1998) 19 Cal.4th 108, which permits a prosecutor to veto a defendant's request for an instruction on a …
22-6546 Arty Marcel v. Tim Hooper, Warden Fifth Circuit 2023-01-17 Denied Response WaivedIFP burden-of-proof constitutional-error fair-trial improper-amendment-of-bill-of-information ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense other-crimes-evidence reasonable-doubt sixth-amendment strickland-v-washington whether-mr-marcel-was-denied-right-to-fair-trial
22-5403 Paul Frederick Stover v. Oregon Board of Parole and Post-Prison Supervision Ninth Circuit 2022-08-19 Denied Response WaivedIFP certificate-of-appealability criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense second-degree-assault sixth-amendment strickland-standard strickland-v-washington Could reasonable jurists debate whether trial counsel's failure to request a lesser-included offense instruction as an alternative to second degree as…
22-5285 Alifonso Eduardo Garcia v. Kansas Kansas 2022-08-04 Denied Response WaivedIFP autopsy-evidence criminal-procedure due-process jury-questionnaire jury-selection lesser-included-offense presumed-prejudice skilling-factors standard-of-review venue venue-prejudice Whether the Kansas Supreme Court erred in finding no presumed prejudice in the venue of Rooks County
22-5125 Mark A. Hill v. Ohio Ohio 2022-07-19 Denied IFP 26(B)-application appellate-counsel conflict-of-interest due-process fundamental-fairness ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plain-error post-conviction-relief procedural-due-process transcript Whether the 26(B) application for reopening proceeding was adequate and fundamentally fair
21-7084 Dwight David Jordan v. Florida Florida 2022-02-09 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process indictment jury-instructions legal-precedent lesser-included-offense principal-liability waiver Whether the court can depart from clearly established law on case by case basis?
21-6681 Eric Michael Crapser v. Ricky D. Dixon, Secretary, Florida Department of Corrections Eleventh Circuit 2021-12-20 Denied IFP circuit-split criminal-procedure ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions lesser-included-offense sixth-amendment strickland-standard strickland-v-washington Whether the Court should resolve the clear circuit split on whether Strickland-v-Washington prohibits a criminal defendant from obtaining relief due t…
21-5658 Elias G. Montalvo v. Isidro Baca, Warden, et al. Ninth Circuit 2021-09-13 Denied Response WaivedIFP constitutional-search criminal-procedure due-process fourth-amendment habeas-corpus jury-instructions lesser-included-offense motion-to-suppress open-murder voluntary-manslaughter Did the trial court commit reversible error by failing to instruct the jury on Voluntary Manslaughter as a lesser-included offense of Open Murder?
21-5596 Carl William Frazier v. California California 2021-09-08 Denied IFP 5th-amendment criminal-negligence due-process involuntary-manslaughter jury-instructions knife-assault lesser-included-offense self-defense sua-sponte-instruction Whether a defendant's use of a knife for the purpose of unreasonable self-defense can support a jury instruction on the lesser-included offense of inv…
21-5157 Gary Simmonds v. Territory of the Virgin Islands Third Circuit 2021-07-21 Denied IFP appellate-procedure appellate-review constitutional-interpretation constitutional-law criminal-law due-process judicial-power jurisdiction lesser-included-offense statutory-construction statutory-interpretation Is a lesser-included-offense of an unconstitutional-statute authorized by federal-statute
21-60 Logan Brooks Drinkard v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-07-16 Denied Response Waived constitutional-law criminal-conviction criminal-procedure double-jeopardy greater-offense jury-verdict lesser-included-offense Whether constitutional double jeopardy principles prohibit a conviction on a greater offense when the jury found the defendant not guilty of a lesser …
20-8031 Major Hudson, III v. Rick Whitten, Warden Tenth Circuit 2021-05-14 Denied Relisted (2)IFP actual-innocence criminal-procedure due-process ineffective-assistance-of-counsel lesser-included-offense procedural-default rule-60 Whether a misdemeanor vs. felony distinction is an extraordinary circumstance under Rule 60(b)(6)
20-7879 Vincent Gino Chavez v. Brian Cates, Warden Ninth Circuit 2021-04-28 Denied Response WaivedIFP capital-case capital-cases circuit-split criminal-procedure due-process jury-instructions lesser-included-offense lesser-included-offenses noncapital-cases Does the Due Process Clause require giving lesser included instructions if warranted by the evidence in a noncapital criminal case?
20-1498 Kory Alexander v. Alex Jones, Acting Warden Seventh Circuit 2021-04-27 Denied Response Waived alleyne-precedent appellate-review criminal-elements criminal-procedure double-jeopardy due-process firearm-discharge first-degree-murder jury-instructions lesser-included-offense sentencing sentencing-factor Whether the Illinois Appellate Court unreasonably applied Alleyne v. United States
20-7535 Gilberto Medina-Jasso v. Georgia Georgia 2021-03-23 Denied IFP child-molestation constitutional-law constitutional-rights criminal-procedure due-process lesser-included-offense sexual-battery trial-court Whether the trial court's failure to charge sexual battery as a lesser included offense of child molestation deprived Petitioner of a due process righ…
20-7295 Isidro Sauceda v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-03-02 Denied Response WaivedRelisted (2)IFP appealability-standard certificate-of-appealability constitutional-rights exculpatory-evidence factual-innocence ineffective-counsel lesser-included-offense ninth-circuit reasonable-jurists willits-instruction Whether the Ninth Circuit utilized an unduly burdensome certificate-of-appealability standard that contravenes Supreme-Court-precedent
20-7293 Willie Safford v. Florida Florida 2021-03-02 Denied IFP civil-rights constitutional-violation defense-counsel due-process ineffective-assistance jury-instructions lesser-included-offense mitigating-evidence post-conviction-relief right-to-counsel sentencing-phase standard-of-review Whether the defendant has a right to a jury instruction on a lesser-included offense when requested by defense counsel at the end of the defendant's t…
20-6926 Nestor Alegria Hernandez v. California California 2021-01-25 Denied Response WaivedIFP criminal-procedure due-process equal-protection fourteenth-amendment intoxicated-driving involuntary-manslaughter jury-instructions lesser-included-offense Whether California law violates the Fourteenth Amendment's Equal Protection Clause by requiring its courts to instruct on involuntary manslaughter as …
20-6810 Michael Lanier Watkins v. Georgia Georgia 2021-01-08 Denied IFP criminal-procedure defendant-rights due-process ineffective-assistance judicial-discretion lesser-included-offense sixth-amendment trial-counsel Did Petitioner receive ineffective assistance of counsel?
20-6660 Shusta Traverse Gumbs v. United States Eleventh Circuit 2020-12-18 Denied Response WaivedIFP circuit-split criminal-law criminal-procedure deadly-weapon intent jury-instruction jury-instructions lesser-included-offense united-states-v-feola Whether the district court erred in giving only the first sentence of Mr. Gumbs' request to charge on use of a deadly weapon in light of the Circuit s…
20-6524 Joshua D. Myers v. Georgia Georgia 2020-12-03 Denied IFP burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure Whether the State proved the essential element of 'without the consent' beyond a reasonable doubt
20-5344 Christopher Taylor v. Illinois Illinois 2020-08-13 Denied Response RequestedResponse WaivedRelisted (4)IFP 6th-amendment autopsy-report cause-of-death confrontation-clause criminal-procedure knowing-murder lesser-included-offense murder-charge sixth-amendment testimonial-evidence Whether a defendant is denied his Sixth Amendment right to be confronted with the witnesses against him
19-8521 Aaron Daniels v. Jack Kowalski, Warden Sixth Circuit 2020-05-22 Denied Response WaivedIFP amadeo-v-zant amended-claims habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense procedural-default sixth-circuit strickland-standard strickland-v-washington Whether the Sixth Circuit's reasoning concerning the petitioner's attempt to get new counsel assigned during trial is flawed
19-1153 Russell A. Suzuki, et al. v. Christopher Deedy Ninth Circuit 2020-03-20 Denied 28-usc-1257 appellate-review civil-procedure criminal-procedure double-jeopardy exxon-mobil-v-saudi-basic federal-court-jurisdiction federal-jurisdiction lesser-included-offense lesser-included-offenses standing state-court-judgment state-court-judgments Limits on federal court jurisdiction to review state court judgments
19-8033 In Re Jonathan A. Hampton 2020-03-18 Denied IFP constitutional-rights criminal-procedure double-jeopardy due-process federal-jurisdiction habeas-corpus harmless-error jury-instructions lesser-included-offense prosecutorial-appeal state-law structural-error Does the California Supreme Court's holding in People v. Breverman (1998) inadvertently impose an unlawful state of ambiguity when faced with the fede…
19-7390 Marshall Henry Ellis v. Oklahoma Oklahoma 2020-01-23 Denied IFP constitutional-rights criminal-procedure due-process evidence exculpatory-material fifth-amendment lesser-included-offense newly-discovered-evidence procedural-bar sentencing sixth-amendment Is a defendant serving Life for Murder I entitled to newly discovered exculpatory material when that material would make it more likely that the defen…
19-714 Pennsylvania v.William R. Landis, Jr. Pennsylvania 2019-12-05 Denied Response RequestedResponse WaivedRelisted (2) blueford-v-arkansas criminal-procedure diminished-capacity double-jeopardy double-jeopardy-clause lesser-included-offense mens-rea murder murder-charges poland-v-arizona precedent retrial Did the Superior Court of Pennsylvania err in finding that the reinstatement of Murder in the Third Degree upon the award of a new trial violated the …
19-5965 Robert Jessie Hill v. Washington Washington 2019-09-17 Denied IFP civil-rights collateral-consequences constitutional-rights criminal-procedure double-jeopardy due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense plea-bargaining plea-negotiations sentencing Whether a defendant who pleaded guilty to a charge should be denied collateral consequences to be told at the time of sentencing, resulting in a subst…
19-5293 Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-07-23 Denied Relisted (2)IFP 6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel Does pretrial counsel's failure to advise accused of favorable plea offer constitute denial of effective assistance of counsel?
18-9810 Erik Ward v. California California 2019-06-27 Denied IFP attempted-murder civil-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense physical-evidence premeditation standard-of-proof sufficiency-of-evidence trial-counsel Whether trial counsel failed to provide effective assistance of counsel by not properly performing procedural and due process requirements, and not in…
18A1332 Norge Manduley v. United States Eleventh Circuit 2019-06-19 Presumed Complete constitutional-violation due-process fair-trial lesser-included-offense post-conviction-relief sentencing-guidelines Whether the trial court's failure to offer a lesser included offense and departure from sentencing guidelines violated the defendant's constitutional …
18-9728 Sung Ho Park v. Tammy Foss, Warden Ninth Circuit 2019-06-19 Denied Response WaivedIFP confession due-process fair-trial ineffective-assistance interrogation involuntary-confession lesser-included-offense physical-incapacitation police-interrogation prosecutorial-misconduct right-to-counsel whether-park-could-make-a-voluntary-statement
18-9609 Charles L. v. Donnie Ames, Superintendent, Mount Olive Correctional Complex West Virginia 2019-06-11 Denied IFP collateral-acts collateral-acts-evidence ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offense limiting-instruction sixth-amendment strickland-standard strickland-v-washington trial-counsel Does the failure of trial counsel to request a limiting instruction related to unindicted collateral acts evidence constitute ineffective assistance o…
18-9416 John O. Williams v. Florida Eleventh Circuit 2019-05-23 Denied Response WaivedIFP constitutional-error constitutional-rights criminal-procedure due-process fundamental-fairness habeas-corpus jury-instruction jury-instructions lesser-included-offense Whether the district court judge's order of denial, denying the petitioner's habeas petition and claim, was contrary to or involved an unreasonable ap…
18-9134 Joe Clopton v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-03 Denied Relisted (2)IFP amending-indictment brady-violation burden-of-proof child-support cps-records criminal-procedure defense-strategy double-jeopardy due-process effective-assistance-of-counsel exculpatory-evidence false-allegations grand-jury ineffective-assistance lesser-included-offense medical-records nolo-contendere plain-error sixth-amendment social-worker-testimony Whether the medical records were improperly excluded from evidence
18-8970 John William King v. Texas Texas 2019-04-23 Denied IFP capital-punishment criminal-procedure death-penalty habeas-corpus ineffective-assistance-of-counsel lesser-included-offense mccoy-v-louisiana retroactivity sixth-amendment sixth-amendment-right-to-counsel teague-analysis teague-v-lane watershed-rule Whether McCoy applies when a defendant's attorneys concede, against his wishes, his guilt to a lesser-included offense during final argument, and is a…
18-8276 Derek Sample v. Steven Johnson, Administrator, New Jersey State Prison Third Circuit 2019-03-06 Denied IFP certificate-of-appealability constitutional-violations criminal-procedure due-process due-process,fair-trial,impartial-jury,lesser-inclu fair-trial impartial-jury ineffective-assistance-of-counsel jury-instructions lesser-included-offense right-to-be-present trial-rights Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
18-7934 Seaun Llwellyn Farthing v. Dara Watson, Warden Fourth Circuit 2019-02-12 Denied Relisted (2)IFP criminal-procedure double-jeopardy due-process federal-rules-of-evidence ineffective-assistance ineffective-assistance-of-counsel lesser-included-offense perjury prior-conviction prosecutorial-misconduct statutory-burglary witness-testimony Was trial counsel ineffective for failing to prevent prosecutorial misconduct?
18-7906 Johnny Flores v. Texas Texas 2019-02-12 Denied IFP constitutional-rights due-process lesser-included-offense manslaughter prosecutorial-vindictiveness retaliation Whether the Due Process Clause of the Constitution entitles the petitioner to the lesser included offense of Manslaughter
18-7665 Robert Tommy Garrett v. California California 2019-01-30 Denied IFP appellate-review constitutional-provision double-jeopardy due-process judicial-review jury-trial legal-interpretation lesser-included-offense multiple-convictions multiple-punishments procedural-issue statutory-provision Whether the trial court's erroneous failure to instruct the jury on the lesser included offense of law and the defendant's right to a jury trial viola…
18-7056 David Leonard Johnson v. California California 2018-12-14 Denied IFP california-law criminal-law criminal-procedure criminal-procedure-lesser-included-offense descamps-standard due-process jury-instructions lesser-included-offense prejudicial-error prior-convictions receiving-stolen-property robbery Is the crime of receiving stolen property a lesser included offense of robbery, and if so, was the trial court's failure to instruct on receiving stol…
18-6976 Joseph Lochuch Ewalan v. Washington Washington 2018-12-10 Denied IFP criminal-procedure criminal-trial double-jeopardy due-process evidentiary-basis jury-instruction jury-instructions lesser-included-offense standard-of-review state-court sufficiency-of-evidence united-states-v-dixon Whether the state trial court erred when it failed to instruct the jury on a lesser included offense when the evidence in the case supports an inferen…
18-6822 Mark Anthony Brown v. United States Sixth Circuit 2018-11-26 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process federal-statute lesser-included-offense notice-requirement prosecutorial-discretion sentencing sentencing-enhancement statutory-interpretation Does § 851 allow the United States to be excused from the notice requirement when it receives an unexpected and disfavorable result after trial?
18-5912 Robert Kimmell v. United States Ninth Circuit 2018-09-10 Denied Response WaivedIFP criminal-defense criminal-procedure criminal-procedure-disclosure drug-offense due-process fair-trial informant informant-disclosure jury-instructions lesser-included-offense relevance verdict-form witness-disclosure Did Kimmell establish that disclosure of the informant was relevant and helpful to his defense, or essential to a fair determination of his cause?
18-5625 Arrion Lee Crew, Jr. v. W. L. Montgomery, Acting Warden Ninth Circuit 2018-08-16 Denied IFP civil-rights due-process evidence ineffective-assistance-of-counsel jury-instructions lesser-included-offense self-defense voluntary-manslaughter Whether the trial court prejudicially erred in failing to instruct on the lesser included offense of voluntary manslaughter
18-5386 Allen Alexander, aka Karon Keenan v. New Jersey New Jersey 2018-07-27 Denied Response WaivedIFP assault constitutional-rights criminal-procedure due-process jury-instructions lesser-included-offense robbery state-criminal-law trial-error Can a state trial judge's failure to charge the jury on a lesser included offense violate the defendant's rights guaranteed by the Due Process Clause …
18-5355 Del Ray Sanders v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-07-26 Denied Relisted (2)IFP accidental-death criminal-procedure criminally-negligent-homicide due-process homicide-charges jury-instructions lesser-included-offense lesser-included-offenses manslaughter standard-of-review texas-penal-code trial-court-discretion unreasonable-application-of-federal-law Whether the trial court erred in denying the defendant's request for jury instructions on the lesser-included offenses of manslaughter and criminally …
18-5103 Jeffery Day Rieber v. Alabama Alabama 2018-07-03 Denied IFP appellate-counsel capital-sentencing eighth-amendment equal-protection ineffective-assistance judicial-override lesser-included-offense mitigating-evidence right-to-counsel sixth-amendment strickland-v-washington Did Mr. Rieber's trial counsel provide constitutionally ineffective assistance?
18-5048 John W. Taylor v. Richard Brown, Superintendent, Wabash Valley Correctional Facility Seventh Circuit 2018-06-29 Denied Response WaivedIFP aggravated-battery attempted-murder criminal-procedure due-process ineffective-assistance jury-instructions lesser-included-offense lesser-included-offenses sixth-amendment strickland-v-washington Whether Taylor was denied his right to effective assistance of trial counsel guaranteed by the 6th Amendment
18-5027 Mark O. Wright v. Virginia Virginia 2018-06-28 Denied Response WaivedIFP appeal criminal-defendant criminal-procedure double-jeopardy due-process judgment-enforcement legal-procedure lesser-included-offense sentencing sixth-amendment state-supreme-court void-ab-initio void-judgment Can a state Supreme Court enforce a judgment against a criminal defendant for an offense that was never charged and which was not a lesser included of…