Does the omission of a lesser included crime from the jury instruction in a criminal case affect a defendant's habeas?
MultiRegion, United States of America
The following excerpt is from Green v. Roe, 131 F.3d 146 (9th Cir. 1997):
Green has not shown that the omission of the lesser included crime from the jury instruction so infected the entire trial that his resulting conviction violated due process, and therefore is not entitled to habeas relief. Henderson v. Kibbe, 431 U.S. 145, 154-55 (1977).
"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
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant under section 4A1.2(c)(2) of the Criminal Code? (MultiRegion, United States of America)
Does the fact that a defendant has been convicted of a criminal offence in a federal criminal case affect his ability to apply for a habeas petition? (MultiRegion, United States of America)
What is the test for submitting or considering a crime as a lesser included offense of a crime for which a defendant has been indicted? ("New York", United States of America)
What is the case law on habeas relief for a defendant who was found guilty of a lesser crime than his co-defendant in a sexual assault case? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the test for determining whether a defendant is guilty of a lesser included offence but innocent of the included offense? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (MultiRegion, United States of America)
Is a defendant in a federal prosecution for murder on an Indian reservation entitled to an instruction on the lesser-included charge of manslaughter? (MultiRegion, United States of America)
Does Rule 404(b) of the Criminal Code allow evidence of other crimes, wrongs or acts to be admitted for purposes other than showing a defendant's criminal propensity? (MultiRegion, United States of America)
