In Beck v. Alabama, 477 U.S. 625, 638 (1980), this Court held that a criminal defendant is entitled to jury instructions on lesser included offenses in capital cases, but deferred ruling on whether the Due Process Clause requires giving such instructions in noncapital cases. Id. at 638 n.14. This Court has not yet answered the question, and the circuits are split on their answer. Accordingly, the question presented is: Does the Due Process Clause require giving lesser included instructions if warranted by the evidence in a noncapital criminal case?

Does the Due Process Clause require giving lesser included instructions if warranted by the evidence in a noncapital criminal case?