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State v. Luckett

Citations

  • 387 N.W.2d 298
  • 1986 Iowa Sup. LEXIS 1158

How courts have described this case

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

  • stating use of the word “shall” creates mandatory action unless the context clearly indicates otherwise
  • requiring substantial evidence controverting one or more of the elements of the major crime to justify submission of the lesser offense
  • stating use of the word “shall” creates mandatory action unless the context clearly indicates otherwise
  • stating assault is a lesser-included offense of attempt to commit murder
  • citing, with approval, 1A Sutherland, Statutes and Statutory Construction § 25.04, at 445 (Sands 4th ed. 1985) for its statement that “[u]nless the context otherwise indicates the use of the word ‘shall’ indicates a mandatory intent”
  • stating assault is a lesser-included offense of attempt to commit murder

Source: CourtListener parenthetical corpus (CC0).

Judges: Reynoldson, Harris, Carter, Wolle, Lavo-Rato

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

18 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.