State v. Abreau

How courts have described this case

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

• holding that the failure to instruct on a lesser included offense one step removed “cannot be harmless because it is impossible to determine whether the jury, if given the opportunity, would have ‘pardoned’, the - defendant”
• holding that the failure to instruct on a lesser included offense one step removed “cannot be harmless because it is impossible to determine whether the jury, if given the opportunity, would have - 10 - ‘pardoned’ the defendant”
• no harmless error where court fails to instruct on lesser included offense one step removed
• where the omitted instruction relates to an offense two or more steps removed, the reviewing courts may properly find such error to be harmless
• where the omitted instruction relates to an offense two or more steps removed, the reviewing courts may properly find such error to be harmless

Source: CourtListener parenthetical corpus (CC0).