Does a federal court's failure to deliver a lesser included offense instruction to the jury constitute plain error?
MultiRegion, United States of America
The following excerpt is from U.S. v. McCullough, 29 F.3d 636 (9th Cir. 1994):
Likewise, the district court's failure to, sua sponte, deliver a lesser included offense instruction to the jury did not amount to plain error. "In light of [McCullough's] failure to request such an instruction, the omission must be considered a matter of trial strategy and not error." United States v. Boone, 951 F.2d 1526, 1542 (9th Cir.1991) (internal quotation and citation omitted).
B. The CCE Conviction
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a state trial court's failure to instruct on lesser included offenses in a non-capital case present a federal constitutional question? (MultiRegion, United States of America)
Does the failure of a trial court to instruct on lesser included offenses present a federal constitutional question? (MultiRegion, United States of America)
Does a failure of a state court to instruct on a lesser offence present a federal constitutional question in a federal habeas corpus proceeding? (MultiRegion, United States of America)
Is a failure to request a lesser included offense instruction fatal to a claim of error? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Does a federal district court's failure to make the required findings constitute plain error? (MultiRegion, United States of America)
Is there an error in a federal court's instruction concerning the federal witness protection program? (MultiRegion, United States of America)
Is a federal district court's failure to hold an evidentiary hearing on use immunity constitute reversible error? (MultiRegion, United States of America)
Is a superior court's failure to grant a motion requiring the superior court to grant notice of error reversible error? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
