Lesser Included Offense

3,837 Florida cases classified under this topic, plus 173 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Lincoln
  630 F.2d 1313· 8th Cir.· 1980-10-14 ·cited 51×
  The court held that the indictment was sufficient to charge second-degree murder, the evidence supported the jury's verdict of voluntary manslaughter, and the district court did not err in its jury instructions or in denying a new trial.
• Anderson Mitchell v. State
  157 Fla. 121· Fla.· 1946-03-01 ·cited 51×
  Anderson Mitchell was indicted for murder in the first degree more than two years after the alleged killing, which would normally violate the statute of limitations. The Florida Supreme Court held that the last paragraph of Section 932.05—which allowed conviction of lesser homici
• Partch v. State
  43 So. 3d 758· Fla. 1st DCA· 2010-07-20 ·cited 50×
  Appellant Ryan Partch was convicted of sexual battery by vaginal penetration and attempted sexual battery on an incapacitated person arising from a single criminal episode. The court reversed the attempted sexual battery conviction, finding it violated double jeopardy principles
• United States v. O'Meara
  895 F.2d 1216· 8th Cir.· 1990-02-12 ·cited 50×
  The court's concurrence argues that the Sentencing Guidelines failed to eliminate disparity and that the district judge should have reduced Kost's sentence for consistency and just results.
• United States v. Linn
  880 F.2d 209· 9th Cir.· 1989-07-18 ·cited 50×
  The court held that the warrantless search of the appellant's automobile was lawful because there was probable cause to seize the vehicle for forfeiture, and that the evidence was sufficient to support the conviction for unlawful use of a communication facility.
• State v. Rodriquez
  500 So. 2d 120· Fla.· 1986-12-24 ·cited 50×
  The Florida Supreme Court held that second-degree grand theft is not a lesser included offense of robbery, permitting cumulative convictions and sentences for both offenses based on a single taking of property by force. The court reversed the district court's decision and clarifi
• Castelberry v. State
  402 So. 2d 1231· Fla. 5th DCA· 1981-07-29 ·cited 50×
  The court held that the theft of the automobile was a lesser included offense of the armed robbery, and that only one burglary occurred despite multiple aggravating circumstances.
• United States v. King
  616 F.2d 1034· 8th Cir.· 1980-02-27 ·cited 50×
  The court held that the evidence was sufficient to prove guilt beyond a reasonable doubt, and that prosecutorial misconduct and evidentiary errors did not prejudice the appellant's right to a fair trial.
• United States v. Pino
  606 F.2d 908· 10th Cir.· 1979-08-30 ·cited 50×
  The court held that the trial court erred in refusing to give a lesser-included-offense instruction on careless driving and in excluding certain expert testimony.
• Huckaby v. State
  343 So. 2d 29· Fla.· 1977-02-17 ·cited 50×
  Benjamin Huckaby was convicted of raping his daughter and sentenced to death. The Florida Supreme Court affirmed the convictions but vacated the death sentence, finding that mental illness mitigating circumstances outweighed aggravating circumstances and that the heinous conduct
• United States v. Robinson
  475 F.2d 376· D.C. Cir.· 1973-03-07 ·cited 50×
  The court held that the trial judge did not err in refusing to allow voir dire questions about self-defense, that the jury instructions on aiding and abetting and flight were adequate, and that the robbery indictment, while imperfect, was sufficient given the jury instructions.
• United States v. Comer
  421 F.2d 1149· D.C. Cir.· 1970-01-05 ·cited 50×
  The court held that the trial court erred in refusing to instruct the jury on manslaughter, as there was evidence that could support a finding of killing without malice.
• Allison v. United States
  409 F.2d 445· D.C. Cir.· 1969-02-17 ·cited 50×
  The court held that the conviction for assault with intent to commit carnal knowledge could not stand due to insufficient corroboration, but the evidence supported a conviction for the lesser included offense of taking indecent liberties with a minor child.
• Kelly v. United States
  370 F.2d 227· D.C. Cir.· 1966-11-07 ·cited 50×·via Lesser Included Offense Doctrine
  A lesser offense is not necessarily included if the greater offense can be committed without committing the lesser.
• Huararcher B. Blount v. State
  30 Fla. 287· Fla.· 1892-06-01 ·cited 50×
  Huararcher Blount was convicted of murder in the first degree. On appeal, he challenged the trial court's failure to instruct the jury on lesser degrees of homicide, the qualifications of a juror who had previously served that year, and the failure to ask him if he had anything t
• Ross v. State
  528 So. 2d 1237· Fla. 3d DCA· 1988-07-19 ·cited 49×
  Willie J. Ross was convicted of trafficking in cocaine based on 92 separately wrapped packets of white powder totaling 38.8 grams, but the state tested only 2 packets which contained less than 28 grams of cocaine. The appellate court reversed, holding that the state must chemical
• State v. Henriquez
  485 So. 2d 414· Fla.· 1986-03-27 ·cited 49×
  The court held that resisting an officer with violence is not a lesser included offense of battery on a law enforcement officer, reaffirming prior precedent.
• State v. Getz
  435 So. 2d 789· Fla.· 1983-07-14 ·cited 49×
  The Florida Supreme Court held that a defendant may receive separate convictions and sentences for theft of a firearm and theft of other property under different subsections of the same theft statute, even when the thefts arise from a single burglary. The court rejected the distr
• LEE v. State
  368 So. 2d 395· Fla. 3d DCA· 1979-02-27 ·cited 49×
  Theodore Lee appeals his conviction for resisting an officer without violence and disorderly conduct. The court affirmed the disorderly conduct conviction but reversed the resisting arrest conviction because the state failed to prove the legality of the arrest, an essential eleme
• State v. Woodruff
  676 So. 2d 975· Fla.· 1996-05-16 ·cited 48×
  The Florida Supreme Court held that while estoppel barred prosecution of misdemeanor DUI charges discharged for speedy trial violations, the State could not prosecute felony DUI charges arising from the same conduct because Florida law requires proof of a current misdemeanor DUI
• Kama v. State
  507 So. 2d 154· Fla. 1st DCA· 1987-05-08 ·cited 48×
  Appellant Kama was convicted of aggravated child abuse for beating his ten-year-old stepson. He appealed, arguing the trial court erred by refusing to instruct the jury on lesser included offenses of simple battery and misdemeanor child abuse. The appellate court affirmed, holdin
• United States v. Bogart
  783 F.2d 1428· 9th Cir.· 1986-03-04 ·cited 48×
  The court held that Wingender and Risquez lack standing to raise Bogart's due process claim of outrageous government conduct, but remanded Bogart's case for factual findings on the government's conduct.
• United States v. Swingler
  758 F.2d 477· 10th Cir.· 1985-03-20 ·cited 48×
  The court held that the warrantless arrests of defendants Vicory, Houser, and Jahnke were supported by sufficient probable cause based on the totality of the circumstances and corroborating information.
• United States v. Harlen Manuel
  706 F.2d 908· 9th Cir.· 1983-04-29 ·cited 48×
  The court held that the appellant's confession was admissible, his speedy trial rights were not violated, and the refusal to instruct the jury on involuntary manslaughter was harmless error.
• Pitts v. State
  425 So. 2d 542· Fla.· 1983-01-06 ·cited 48×
  An acquittal on an aggravated battery charge does not require vacation of a conviction for possession of a firearm during the commission of aggravated battery when the jury instruction permits conviction based on attempted aggravated battery, and the jury could have logically inf
• United States v. Larkin
  605 F.2d 1360· 5th Cir.· 1979-11-05 ·cited 48×
  A retrial on a conspiracy charge is barred by collateral estoppel if the jury's acquittal on related substantive counts was necessarily based on a finding that the crimes were not committed in furtherance of the conspiracy or were not foreseeable, even if the jury hung on the con
• Durns v. United States
  562 F.2d 542· 8th Cir.· 1977-09-14 ·cited 48×
  The court held that the circumstantial evidence was sufficient to identify the defendant as the perpetrator of the kidnapping, and that the trial court did not err in admitting the tape recording, weapons, clothing, evidence of a prior similar crime, or in refusing a lesser inclu
• United States v. Barket
  530 F.2d 181· 8th Cir.· 1975-12-09 ·cited 48×·via Lesser Included Offense Doctrine
• United States v. Coppola
  526 F.2d 764· 10th Cir.· 1975-12-08 ·cited 48×
  The court held that hearsay statements of a co-defendant, when adopted by the defendant, are admissible as party admissions, and that evidence of other crimes is admissible to prove motive.
• United States v. Lamont S. Carter
  522 F.2d 666· D.C. Cir.· 1975-07-18 ·cited 48×
  The court held that the warrantless search of appellant Patterson's attic was unreasonable under the Fourth Amendment, and the admission of seized items was error. It also found that the jury instruction allowing inference of guilt from possession of stolen property was erroneous
• United States v. Anderson
  514 F.2d 583· 7th Cir.· 1975-03-31 ·cited 48×
  The court held that the defendant's due process rights were violated by the imposition of a ten-year sentence for a crime with a one-year maximum, and that the government was not barred by double jeopardy from prosecuting the defendant for a more serious offense after a prior gui
• Dickie R. O'Clair v. United States
  470 F.2d 1199· 1st Cir.· 1972-12-13 ·cited 48×
  The Bank Robbery Act permits only one conviction for a single bank robbery, whether aggravated or not, and the imposition of two convictions for the same offense violates the double jeopardy clause.
• Theriault v. United States
  434 F.2d 212· 5th Cir.· 1970-11-02 ·cited 48×
  The court held that the defendant's escape conviction could stand as a misdemeanor, even if the underlying charge was not proven to be a felony, because escape is the gravamen of the offense and a felony charge only affects punishment.
• Forsberg v. United States
  351 F.2d 242· 9th Cir.· 1965-09-23 ·cited 48×
  A retrial after a mistrial declared due to a hung jury on one count of a multi-count indictment, where the jury acquitted on another count, does not violate the Double Jeopardy Clause.
• Naples v. United States
  344 F.2d 508· D.C. Cir.· 1964-11-09 ·cited 48×
  The dissenting judge would affirm the convictions, disagreeing with the majority's reversal based on the interpretation of murder statutes and evidentiary rulings.
• Coleman v. United States
  295 F.2d 555· D.C. Cir.· 1961-09-08 ·cited 48×
  The court held that the jury should have been instructed on second-degree murder as a lesser included offense because there was evidence that the robbery had terminated before the homicide occurred.
• United States v. Ladd
  885 F.2d 954· 1st Cir.· 1989-09-13 ·cited 47×
  The Court held that while the admission of certain laboratory test results was erroneous due to a broken chain of custody, this error was harmless because other evidence sufficiently proved the defendant's guilt. The Court also found no reversible error in the admission of eviden
• United States v. Figueroa
  666 F.2d 1375· 11th Cir.· 1982-02-01 ·cited 47×
  The court held that the defendant's conviction for attempted aircraft piracy was constructively amended from the indictment because the government proved threats and intimidation, not the charged force and violence, and that the conviction should be reduced to the lesser included
• United States v. Williams
  534 F.2d 119· 8th Cir.· 1976-04-22 ·cited 47×
  A defendant retried on greater charges after a conviction on a lesser included offense (based on a guilty plea) was vacated does not violate double jeopardy or due process, as there is no implicit acquittal or prosecutorial vindictiveness.
• United States v. Sinclair
  444 F.2d 888· D.C. Cir.· 1971-03-31 ·cited 47×
  The court held that the trial court erred in refusing to instruct the jury on unlawful entry as a lesser included offense of burglary.
• Williams v. United States
  238 F.2d 215· 5th Cir.· 1956-11-06 ·cited 47×
  A defendant who fails to object to the indictment, jury charge, or verdict form, thereby waiving any error, cannot later seek a reduced sentence based on a claim that the jury might have convicted him of a lesser offense.
• Berra v. United States
  221 F.2d 590· 8th Cir.· 1955-04-22 ·cited 47×
  The court held that embezzled funds are not taxable income, but funds obtained by fraud from a third party are. It also held that a person is not a 'witness' under 18 U.S.C. § 1503 if they have no intent or expectation to testify.
• Johnson v. State
  27 Fla. 245· Fla.· 1891-01-01 ·cited 47×
  Francis Johnson was indicted for murder in the first degree and tried three times on the same indictment. After his first two trials resulted in convictions for murder in the second degree, the trial court struck his pleas of former acquittal and convicted him of murder in the fi
• LEE v. State
  223 So. 3d 342· Fla. 1st DCA· 2017-06-01 ·cited 46×
  Brian Mitchell Lee was convicted of three felonies related to online communications with an undercover officer posing as a 14-year-old: traveling to meet a minor, unlawful use of a two-way communications device, and using a computer to solicit a child. The court affirmed all thre
• Joyner v. State
  41 So. 3d 306· Fla. 1st DCA· 2010-07-07 ·cited 46×
  Quentin Lamar Joyner appeals his second-degree murder conviction, arguing that the trial court's jury instruction on the lesser included offense of manslaughter constituted fundamental error requiring reversal. The Florida District Court of Appeal affirmed the conviction, disting
• Salonko v. State
  42 So. 3d 801· Fla. 1st DCA· 2010-02-12 ·cited 46×
  The court held that although the jury instruction on manslaughter by act was erroneous, it did not constitute fundamental error because the jury was also instructed on manslaughter by culpable negligence, allowing for a valid conviction.
• Mizell v. State
  716 So. 2d 829· Fla. 3d DCA· 1998-08-26 ·cited 46×
  Mizell was convicted of seven DUI-related offenses, including vehicular homicide, stemming from a fatal accident. The court affirmed his convictions but remanded for correction of an obvious sentencing error where the trial court imposed a 14-year sentence on Count IV (DUI causin
• Kubat v. Thieret
  867 F.2d 351· 7th Cir.· 1989-01-24 ·cited 46×
  The court affirmed the district court's denial of habeas corpus relief regarding the conviction, but affirmed the grant of relief regarding the death sentence.
• State v. Dene
  533 So. 2d 265· Fla.· 1988-09-01 ·cited 46×
  The Florida Supreme Court answered a certified question about second-degree felony murder, holding that such a conviction requires the killing to be committed by a non-principal (such as an innocent bystander), not by a co-felon. The court clarified that principals need not be pr
• Wicker v. O.L. McCOTTER
  783 F.2d 487· 5th Cir.· 1986-02-18 ·cited 46×
  The court affirmed the denial of habeas corpus relief, finding no constitutional violations in the conviction or sentencing, including issues of hypnotically-enhanced testimony, juror exclusion, ineffective assistance of counsel, and Fourth Amendment claims.