Demonbreun v. Bell

How courts have described this case

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

• concluding that when defense counsel actively requested a jury instruction on an offense counsel mistakenly believed was a lesser-included offense, the defendant consented to an effective amendment of the indictment
• reiterating that an affirmative action by a defendant in seeking a jury instruction on the uncharged offense constitutes consent to an “effective amendment”
• noting that “I would ask that Your Honor submit this to the jury on second degree murder and its lessers and aggravated assault and its lessers” is sufficient basis upon which to find consent to amendment
• determining defendant who actively sought to charge jury with aggravated assault as a lesser included offense of attempted first degree murder effective[ly] consented amendment of the indictment
• stating “an affirmative action by the defendant seeking a jury instruction on an uncharged offense has been held to constitute consent to an effective amendment of the indictment”
• affirming the dismissal of the petition for writ of habeas corpus

Source: CourtListener parenthetical corpus (CC0).