Arizona Supreme Court· 2/23/1988

State v. Whittle

Citations

752 P.2d 494
156 Ariz. 405
2 Ariz. Adv. Rep. 3
1988 Ariz. LEXIS 38

How courts have described this case

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

holding that judge’s failure to instruct on other possible lesser-included offenses of first-degree murder could not be considered fundamental error
recognizing the defense strategy 2 The State argues the superior court did not err because, under State v. Carter, 249 Ariz. 312, 315–16, ¶¶ 9–11 (2020
explaining the superior court need not sua sponte instruct the jury on a lesser-included offense in a non-capital case unless the failure to do so “interferes with defendant’s ability to conduct his defense”
no federal due process right to a sua sponte lesser included offense instruction in a noncapital case
failure to give unrequested instructions on other possible lesser included offenses was not an interference with the defendant’s theory of the case or a denial of any right essential to his defense

Source: CourtListener parenthetical corpus (CC0).

Judges: Holohan, Gordon, Feldman, Cameron, Moeller

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Cites

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