Bien v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “in this circuit, habeas review of a state trial court’s failure to instruct on lesser included offenses in noncapital cases is precluded.”
• refusing to consider the petitioner’s habeas claim on failure to charge lesser offense for noncapital offense
• “Importantly, ‘[d]ue process does not require the giving of a jury instruction when such charge is not supported by the evidence.’” (quoting Blazic v. Henderson, 900 F.2d 534, 541 (2d Cir. 1990))

Source: CourtListener parenthetical corpus (CC0).