Tagged: Lesser-Included Offense

Who Decides Whether the Jurors Consider the Lesser-Included Offenses: Trial Judge or Defendant?

On March 19, 2014, the South Carolina Court of Appeals decided Abney v. State, holding trial counsel employed a legitimate trial strategy by not requesting the trial court judge instruct the jurors about the lesser-included offense.  The all-or-nothing approach failed, and the jurors convicted Abney of armed robbery without ever having the opportunity to consider […]

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