People v. Stephens

In this case we are called upon to reconsider the so-called "misdemeanor cutoff’ rule of People v Chamblis, 395 Mich 408, 429; 236 NW2d 473 (1975). After careful consideration, we conclude that the policies behind the Chamblis rule would be better served by a more flexible approach to lesser included offense instructions on misdemeanors. Whenever an adequate request for an appropriate misdemeanor instruction is supported by a rational view of the evidence adduced at trial, the trial judge shall give the requested instruction unless to do so would result in a violation of due process, undue…