State v. Santillan

How courts have described this case

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

• holding that a defendant is not required to put on affirmative evidence as to the lack of an essential element of the higher offense to be entitled to a lesser included offense instruction
• “If a reasonable juror could draw inferences from the evidence presented that the defendant did not deliberate, the trial court should instruct down.”
• “To the extent that Olson ... may be read to require a defendant to put on affirmative evidence as to the lack of an essential element of the higher offense, [it is] overruled.”
• “If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”
• “If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been established, the trial court should instruct down”
• “If a reasonable juror could draw inferences from the evidence presented that an essential element of the greater offense has not been 15 established, the trial court should instruct down”

Source: CourtListener parenthetical corpus (CC0).