Does a lesser included offense instruction need to be given only when the evidence warrants such a instruction?
MultiRegion, United States of America
The following excerpt is from Murray v. Schriro, 882 F.3d 778 (9th Cir. 2014):
"[D]ue process requires that a lesser included offense instruction be given only when the evidence warrants such an instruction. ..." Hopper v. Evans , 456 U.S. 605, 611, 102 S.Ct. 2049, 72 L.Ed.2d 367 (1982) (citing Beck v. Alabama , 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980) ).
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