Kandace Sitting Eagle v. United States

It is well-established that lesser included offense instructions should be given when there is a rational basis for the jury to acquit of the charged offense and convict of the lesser. Did the courts below err when they focused on the government’s theory of prosecution, rather than the elements of the charged and lesser included offenses in making this determination? Was it error for the court of appeals to affirm the trial court’s refusal to instruct the jury on the lesser included offense of simple assault on Count Two (assault with serious bodily injury) and Count Four (assault with a deadly weapon)?