State v. Wall

OPINION

BERCH, Vice Chief Justice.

¶ 1 This case concerns the trial court’s refusal to give a lesser-included offense instruction requested by a defendant who had asserted an all-or-nothing defense. We conclude that a defendant does not forfeit his right to a lesser-included offense instruction by asserting an all-or-nothing defense if the evidence in the record is sufficient to support the instruction. We therefore reverse the judgment of conviction, vacate the decision of the court of appeals, and remand the case for retrial.

I. FACTS AND PROCEDURAL BACKGROUND

¶ 2 On July 7, 2003, Emmet Wall,…