Does a Criminal Defendant Have the Right to Prevent Jury Instructions On Lesser Offenses?
Douglas J. Wine v. State of Ohio, Case no. 2012-1611
Third District Court of Appeals (Auglaize County)
ISSUE: As part of trial strategy, does a criminal defendant have a right to present an all-or-nothing defense and, as part of that defense, prevent the court from instructing the jury on lesser-included offenses?