Marquise Lee v. State of Indiana

RUSH,' Chief Justice.

Defendants have a Due Process right to fair notice of the' charge or charges against them, and they are entitled to limit their defense to those matters. The “inherent” and “factual” inclusion tests we established in Wright v. State, 658 N.E.2d 563, 566-67 (Ind.1995), are a necessary part of determining whether a defendant has fair notice of a lesser included offense — and in the context the question most commonly arises, no further analysis beyond Wright is necessary. But as the unusual facts of these cases illustrate, the ultimate question of fair notice can be broader…