LOVE

v.

OKLAHOMA

Citator

Cited By

• Benny Dale Alexander v. O.L. McCOTTER, 775 F.2d 595 (5th Cir. 1985)
  …not raised as a lesser included offense.2 There is uncertainty in this Circuit as to whether due process ever requires a lesser included offense instruction in non-capital cases. In Bell v. Watkins, 692 F. 2d 999, 1004 (5th Cir.1982), cert. denied, 464 U.S. 843, 104 S.Ct. 142, 78 L.Ed.2d 134 (1983), we stated that “[t]he due process clause of the Fourteenth Amendment requires a trial judge to give a lesser included offense instruction to the jury ‘if the evidence would permit a jury to find [the defendant]…
• Cordova v. Lynaugh, 838 F.2d 764 (5th Cir. 1988)
  …t refuses a lesser included offense instruction. See Reddix, 805 F. 2d at 511-12 (applying Beck but finding no violation because evidence did not support lesser included offense); Bell v. Watkins, 692 F. 2d 999, 1004-05 (5th Cir.1982), cert. denied, 464 U.S. 843, 104 S.Ct. 142, 78 L.Ed.2d 134 (1983) (same).2 The federal standard “is that a lesser included offense instruction should be given ‘if the evidence would permit a jury rationally to find [a defendant] guilty of the lesser offense and acquit him of…
• Vickers v. Ricketts, 798 F.2d 369 (9th Cir. 1986)
  …der the issue despite appellant’s not having requested an instruction at trial. Bell v. Watkins, 692 F. 2d 999, 1003-04 (5th Cir.1982) (reaching merits of Beck claim where state supreme court had considered the issue on direct review), cert. denied, 464 U.S. 843, 104 S.Ct. 142, 78 L.Ed.2d 134 (1983); see Huffman v. Ricketts, 750 F. 2d 798, 800-01 (9th Cir.1984) (federal review not barred where higher state court has addressed the merits of a constitutional claim). [*374] Appellant’s conviction of first degr…