It is gone at last. Never made much sense. This ruling could have preserved a lot of convictions in the past.Grey

It is not often that a court of last resort acknowledges that the dissenting voices in a previous case were right. Sometimes there is only one solution to a a bad case: overrule it.

Trial judges should be quite thankful. They no longer face potential reversal for deciding whether to put a lesser-included offense in the jury charge at the request of the prosecutor. Good stuff.

Well done Lisa McMinn with the SPA's office!

JAS

Does this ruling give any added hope that Collier, 999 S.W.2d 779 (also written by Mansfield) might be overruled as well? The requirement of a request by the prosecutor no longer seems so important after Grey to me.