State v. Berkstresser
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The Supreme Court reversed the decision of the court of appeals reversing Defendant's conviction for felony fleeing or attempting to elude a police officer, holding that the court of appeals misapplied the standard required to determine when an instructional error necessitates reversal and that that the district court's failure to give a lesser included offense instruction for the misdemeanor offense was not clearly erroneous.
The court of appeals found that the district court erred by failing to give an unrequested jury instruction on a lesser included misdemeanor offense and that reversal was required because the jury could have reasonably reached a different verdict on the felony charge. The Supreme Court reversed, holding (1) the court of appeals erred by using a lower standard of doubt about the outcome to declare the unpreserved error reversible; and (2) the unpreserved error in the jury instructions was not clearly erroneous.
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