State v. Leckenby

How courts have described this case

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

• rejecting the state’s argument that, “if the jury is not aware of the lesser offense, it is unlikely to have an effect on how the jury evaluates the greater offense”
• a defendant is entitled to a jury instruction on an applicable lesser-included offense if the evidence and all reasonable inferences support submission of the lesser charge
• “We are not prepared to say *** that, if the jury is not aware of the lesser offense, it is unlikely to have an effect on how the jury evaluates the greater offense.”
• failure to instruct on a lesser- included offense is not a harmless error because “the jury did not have a complete statement of the law that applied to the case” and that may have impacted the outcome

Source: CourtListener parenthetical corpus (CC0).