| |
JURY INSTRUCTIONS, LESSER
OFFENSES
Ashlock, David, F-2000-1138,
Aug. 31, 2001
(Lesser Offense Instruction, Defendant Objection)
Brown, Tony Carnell v. State, COCA Case No.
F-2007-987 (October 10, 2008)
(Jury Instructions, Lesser Offenses; Evidence, Expert Testimony) Trial court
should have given lesser included offense instructions. Error for State’s
witness to testify that based on neurolinguistic training, the defendant lied in
his statement. Reversed and remanded for new trial.
Evans Jr., Robert, F-97-1215, Jan. 20, 2000
(Jury Instructions, Lesser Offenses, Child abuse murder)
Filion, Jason,
F-1999-559,
June 30, 2000
(Jury Instructions, Lesser Offenses, Failure to Give
Requested Instruction)
Gaines, Johnny,
F-1999-1338,
Dec. 29, 2000
(Jury Instructions, Lesser Offenses, failure to give requested)
Glasgow, Holly Ann v. State, COCA Case No. F-2001-1348
(November 20, 2002)
(Jury Instructions - Lesser Offenses) Conviction for Robbery by Force or
Fear reversed. Trial court failed to instruct on offense of receiving stolen
property. Judgment modified from Robbery to Receiving Stolen Property. Sentence
modified from 5 years to 1 year (minimum sentence for lesser offense).
Jackson, Gregory Lee Jr. v. State, COCA Case No. F-2002-1444
(March 12, 2003)
(Jury Instructions - Lesser Included Offenses) Plain error found in failure
to instruct jury on lesser-included offense of driving while impaired in DUI
case. Reversed for new trial.
Lamar, Robert Anthony v. State,
COCA Case No. F-2000-1262,
(December 13, 2001)
(Jury Instructions– Lesser Included Offense; Theory of Defense)
Marshall, Andre Lasuan v. State, COCA Case No. F-2002-537
(August 21, 2003)
(Jury Instructions - Lesser Offense; Evidence - Sufficiency) Convictions for
A&B with Dangerous Weapon and Entering a Building with Unlawful Intent
reversed and remanded with instructions to dismiss. The A&B was a lesser
included offense of a charged crime, but instruction was improperly given over
defense objection and without a request by the State. Evidence was insufficient
to show intent to destroy personal property.
Martin, Dustin Kyle v. State, COCA Case No.
F-2012-1029 (July
31, 2014)
(Juror Instructions, Lesser Offenses; Double Jeopardy/Double Punishment) Error
to convict for Second Degree Murder and Accessory to Second Degree Murder for
the same homicide. Accessory count reversed with instructions to dismiss.
Medlin, Saundra Kaye v. State,
COCA Case No. F-2001-558
(June 27, 2002)
(Jury Instructions - Lesser Offenses. Giving First Degree Manslaughter
instruction over the objection of Appellant constituted error requiring
reversal. Battered woman tried for murder sought verdict for murder or
acquittal. Conviction for Heat of Passion Manslaughter reversed and remanded
with instructions to dismiss.)
Montgomery, Jona Ann v. State, COCA Case No.
F-2007-1133
(February 19, 2010)
(Jury Instructions, Lesser Offenses; Evidence, Other Crimes; Evidence,
General) Murder 2 conviction reversed and remanded for new trial. Based on case
law, trial court refused to instruct on misdemeanor manslaughter. COCA
subsequently overruled the prior controlling decision and applied new ruling
(allowing instruction on the lesser offense) to this case since it also was
pending on appeal. Error also found in admitting other crimes and "lack of
remorse" evidence. Photographs of victim unduly prejudicial.
Orcutt, Daniel,
F-1998-1135,
Dec. 8, 1999
(Jury Instructions, Lesser Offenses, First Degree Murder)
Rawlins, Kenneth Lee v. State, COCA Case No.
F-2004-866 (August 17, 2006)
Rawlins, Ricky Dale v. State, COCA Case No.
F-2004-866 (August 17, 2006)
(Jury Instructions, Lesser Offenses) Over objection, the trial court
improperly instructed the jury that the offense of assault and battery with a
deadly weapon was a lesser included offense of shooting with intent to kill.
Convictions for assault and battery with a deadly weapon reversed for new trial.
Schwab, Robert Eugene v. State, COCA Case No.
M-2007-192 (January 14, 2008)
(Information, Defective; Jury Instructions/ Lesser Offenses) Defendant was
charged with transmitting a threatening letter, but jury found him guilty of
lesser offense of Threatening by Telephone or Electronic Device. Lesser offense
was not a crime at the time the e-mail in question was sent. Conviction barred
by ex post facto principles. Reversed with instructions to dismiss.
Shank, Anita v. State, COCA Case No.
M-2002-1195 (August 17, 2004)
(Jury Instructions, Lesser Offenses) Error for trial court not to instruct on
the lesser included offense of Driving While Impaired. DUI modified to DWI and
remanded for consideration of sentence modification.
Smith, James,
F-2000-1408,
Sept. 14, 2001
(Jury Instructions, Lesser Offenses, Tampering with Vehicle and Malicious
Mischief not lesser included offenses of Burglary, no error in not giving giving
these requested instructions)
Strong, Joe Reaner v. State, COCA Case No.
F-2009-1181 (September 2, 2011)
(Jury Instructions/Lesser Offenses) Second Degree Felony Murder with child
neglect as underlying felony reversed and remanded for new trial because trial
court failed to instruct on defense theory of second degree manslaughter.
Suggs, Jonathan Lamont,
COCA Case No. F-2019-37 (June 24, 2021)
(Direct/Jury Instructions, Lesser Offenses/Sentence, Excessive) Count 3 of the
Judgment and Sentence is Reversed and Remanded for a new trial. The trial
court’s failure to instruct the jury on the lesser-included offense of illegal
entry was plain error.
Sutton, Sheila Ann v. State, COCA Case No.
F-2004-332 (August 11, 2005)
(Evidence, Sufficiency; Jury Instructions, Lesser Offenses) Mere presence at a
crime scene does not make a person liable for a crime. Count for Knowingly
Concealing Stolen Property reversed with Instructions to Dismiss. Jury given
definition of petit larceny without any instruction as to lesser included
offenses limiting jury’s ability to find defendant guilty of lesser included
offense. Count for Grand Larceny modified to Petit Larceny, sentence modified to
2 years.
Tucker, Gary Wesley v. State,
COCA Case No. F-2001-210
(March
26, 2002)
(Jury Instructions, Lesser Offenses; Plain reversible error occurred when
trial court failed to give proper jury instructions and trial judge failed to
correctly answer the jury's question.)
Vaughn, Christopher Alan,
COCA Case No. F-2020-291
(June 10, 2021)
(Direct/Jury Instructions, Other/Sentence, Excessive) Re-sentencing for client
sentenced to Life Without Parole on a crime that carries 20 - Life or LWOP. Jury
instructions mandated LWOP, and the Judge sentenced him pursuant to the
erroneous instructions.
|