State v. Jeffries

LAVORATO, Justice.

Faced in this criminal further review proceeding with a lesser-included offense issue, we take this opportunity to reexamine our approach to the lesser-included offense doctrine and conclude it should be modified.

The State argues that the court of appeals erred in reversing James J. Jeffries’ insurrection conviction because of the district court’s refusal to submit his requested jury instructions on lesser-included offenses. The State also argues that the defendant waived the lesser-included offense issue because he neither cited authority nor discussed the issue. See Iowa…