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State v. Gipson

Citations

  • 277 P.3d 189
  • 229 Ariz. 484
  • 2012 Ariz. LEXIS 154

How courts have described this case

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

  • “[T]he trial judge should withhold charging on lesser included offense[s] unless one of the parties requests it.”
  • “[T]he defendant is on notice from the beginning of the proceedings against him that the jury may be asked to consider any lesser included offenses.”
  • not error for court to instruct on lesser-included offenses supported by evidence over party’s objection
  • “An offense is necessarily included ‘when it is lesser included’ . . . .” (citation omitted)
  • “An offense is necessarily included ‘when it is lesser included’ and ‘the facts of the case as presented at trial are such that a jury could reasonably find that only the elements of a lesser offense have been proved.’” (quoting Wall, 212 Ariz. at 3, ¶ 14)

Source: CourtListener parenthetical corpus (CC0).

Judges: Hurwitz, Berch, Bales, Pelander, Brutinel

Read full opinion on CourtListener

Cited by

7 cases in this archive cite this case.

Cites

14 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.