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
The following excerpt is from Escalon v. K.V.S.P. Warden, Case No. 1:19-cv-00722-LJO-SAB-HC (E.D. Cal. 2020):
failure of a state trial court to instruct on lesser included offenses in a non-capital case does not present a federal constitutional question." Windham v. Merkle, 163 F.3d 1092, 1106 (9th Cir. 1998) (citing Turner v. Marshall, 63 F.3d 807, 819 (9th Cir. 1995)).
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