June 20, 2006, 11:50
Gordon LeMaireLesser Included Offense
Can the State ask for a lesser included instruction?
What if Defendant objects?
June 20, 2006, 13:10
John StrideThe State can ask for LIO just like the defense and must meet the same test under Rousseau. If the defense objects, you are denied the LIO, and the defense appeals, you might have a cross-point on appeal. If the defense objects, you get a conviction on the LIO, and you lose on appeal, you might have a new trial.