lesser-included-offenses

18 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5773 Karina Yohera Flores v. Texas Texas 2025-10-01 Denied IFP capital-murder court-of-appeals due-process jury-punishment lesser-included-offenses procedural-default Did the Court of Appeals err by affirming the trial court's order denying a jury punishment hearing and ruling on lesser included offenses without not…
24-7487 Nicholas Noelani D. Smith v. Alabama Alabama 2025-06-24 Denied IFP capital-murder due-process fourteenth-amendment lesser-included-offenses specific-intent voluntary-intoxication Whether a criminal defendant in a capital trial is deprived of his Fourteenth Amendment right to due process when the evidence supports voluntary into…
23-6436 Luis Manso v. Patricia McGill, Administrator, Northern State Prison, et al. Third Circuit 2024-01-08 Denied IFP brady-violation court-of-appeals evidence-suppression ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses prosecutorial-misconduct strickland-standard strickland-v-washington strong-evidence Does Strickland-v-Washington allow the Court-of-Appeals to dismiss the defendant's ineffective-assistance-of-counsel claim based on strong-evidence of…
22-6665 Orlando Cortez-Nieto and Jesus Cervantes-Aguilar v. United States Tenth Circuit 2023-01-31 Denied IFP criminal-procedure double-jeopardy due-process judicial-discretion jury-instructions lesser-included-offenses post-trial-convictions sua-sponte Whether a court may sua sponte enter post-trial convictions on lesser-included offenses that the jury had no authority to return
22-5464 Barney Adrian Dunlap v. David Mitchell, Superintendent, Lanesboro Correctional Institution Fourth Circuit 2022-08-29 Denied IFP constitutional-rights criminal-procedure due-process federal-constitutional-rights ineffective-assistance jury-instructions lesser-included-offenses state-constitutional-rights Has the trial court erred by refusing to instruct the jury on lesser included offenses supported by the evidence, in violation of Dunlap's state and f…
22-5091 Tyre Bradbury v. Indiana Indiana 2022-07-13 Denied Response WaivedIFP all-or-nothing-strategy criminal-defense criminal-procedure defendant-consultation ineffective-assistance-of-counsel legal-strategy lesser-included-offenses performance-deficiency strickland-standard strickland-v-washington trial-strategy Is the decision not to tender available lesser included offense instructions an 'important decision' under Strickland v. Washington?
21-6833 Jason Lee Sarabia v. United States Fifth Circuit 2022-01-12 Denied Response WaivedIFP circuit-split criminal-procedure double-jeopardy evidence-standard fifth-circuit jury-conviction jury-instructions lesser-included-offenses multiplicity Do convictions of greater and lesser-included offenses violate the Double Jeopardy Clause when the prosecution uses the same evidence to obtain both c…
21-5058 Joseph Andrew Phipps v. Neil McDowell, Warden Ninth Circuit 2021-07-08 Denied IFP 14th-amendment 5th-amendment aedpa criminal-procedure due-process equal-protection jury-instructions lesser-included-offenses Does Petitioner have a due process right to jury instructions on lesser included offenses?
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?
20-1496 Ali Mohamed Elatrache v. Shane Jackson, Warden Sixth Circuit 2021-04-26 Denied Response Waived capital-murder constitutional-rights due-process first-degree-murder jury-instructions jury-trial lesser-included-offenses procedural-default trial-by-jury whether-petitioner-was-deprived-of-due-process-and-jury-trial
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
19-882 Shannon Dale Dukes v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-16 Denied Response Waived certificate-of-appealability constitutional-claim fifth-circuit habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions lesser-included-offenses punishment-exposure sixth-amendment Whether petitioner's trial counsel was ineffective
19-7232 Francisco Argenis Parra v. Joe A. Lizarraga, Warden Ninth Circuit 2020-01-09 Denied IFP accomplice-statements-corroboration alibi-instruction bruton-v-united-states co-defendant-statements confrontation-clause due-process ineffective-assistance jury-instructions lesser-included-offenses self-defense sixth-amendment supplemental-credibility-instruction Did Trial Counsel Render Ineffective Assistance
19-6200 Michael Scott Smith v. Florida Florida 2019-10-09 Denied Response RequestedResponse WaivedRelisted (2)IFP actual-innocence constitutional-claims criminal-procedure double-jeopardy due-process florida-statutes habeas-corpus indictment jurisdiction lesser-included-offenses post-conviction-relief procedural-default state-court statute-of-limitations statutory-interpretation Can a State Court indict an accused on one charge and take him to trial on another in the case of the same crime merely because a theory of prosecutio…
18-8853 Cameron Brown v. California California 2019-04-16 Denied IFP constitutional-rights court-proceedings double-jeopardy due-process jury-instructions jury-verdict lesser-included-offenses mistrial prosecutorial-misconduct trial-transcript Is the defendant convicted due to double jeopardy violation?
18-6155 Christian Lemus Cerna, aka Leopardo, aka Bago, aka Vago, aka Gatito, aka Christian Josue Lemus Alfaro v. United States Fourth Circuit 2018-10-01 Denied Response WaivedIFP brady-evidence-disclosure brady-violation brady-violations court-of-appeals criminal-procedure eighth-amendment eighth-amendment-sentencing evidence-admission false-testimony jury-instructions lesser-included-offenses mandatory-life-sentence severance-of-defendants uncharged-conduct-evidence uncharged-murder-evidence Whether the Court of Appeals erred in affirming the district court's decisions
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 …
18-5048 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