90
Opinion of the Court
Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and OTMConnor, Scalia, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, post, p. 101.
Don Stenberg, Attorney General of Nebraska, argued the cause for petitioner. With him on the briefs was J. Kirk Brown, Assistant Attorney General.
Roy W. McLeese III argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.
Paula Hutchinson, by appointment of the Court, 522 U. S. 1074, argued the cause for respondent. With her on the brief were Kent Gipson and Timothy K. Ford.*
Justice Thomas delivered the opinion of the Court. In Beck v. Alabama, 447 U. S. 625 (1980), we held unconstitutional a state statute that prohibited lesser included offense instructions in capital cases, when lesser included offenses to the charged crime existed under state law and such instructions were generally given in noncapital cases. In this case, we consider whether Beck requires state trial courts to instruct juries on offenses that are not lesser included offenses of the charged crime under state law. We
*A brief of amici curiae urging reversal was filed for the State of Arizona et al. by Grant Woods, Attorney General of Arizona, Paul J. McMurdie, and Jon G. Anderson, Assistant Attorney General, joined by the Attorneys General for their respective States as follows: Daniel E. Lungren of California, M. Jane Brady of Delaware, Alan G. Lance of Idaho, James E. Ryan of Illinois, Mike Moore of Mississippi, Jeremiah W. (Jay) Nixon of Missouri, Joseph P. Mazurek of Montana, Frankie Sue Del Papa of Nevada, Philip T. McLaughlin of New Hampshire, Dennis C. Vacco of New York, Michael F. Easley of North Carolina, Betty D. Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, Mark W. Barnett of South Dakota, John Knox Walkup of Tennessee, and Richard Cullen of Virginia.
David Porter and Helen C. Trainor filed a brief for the National Association of Criminal Defense Lawyers as amici curiae urging affirmance.
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