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Home / Opinions / Courts / Court of Appeals, Southern District / Criminal Law: Lesser-Included Offense-Prejudice

Criminal Law: Lesser-Included Offense-Prejudice

Where a jury found a defendant guilty of assault on a law enforcement officer in the first degree, the state conceded that the trial court erred in denying the request to instruct down to the nested, lesser-included offense, and the failure to give a required instruction is presumed to prejudice the defendant unless the state ...
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