State v. Gatlin, 253 P.3d 357

Gatlin was convicted of intentional aggravated battery causing disfigurement after a bar fight in which Hoffman's thumb was bitten off.
Gatlin argued the district court erred by refusing to instruct the jury on recklessness and on lesser included offenses of reckless aggravated battery.
There are conflicting trial accounts: Hoffman says Gatlin bit off the thumb; Gatlin offers a different sequence involving a chokehold and contact outside the bar.
The district court repeatedly discussed jury instructions, ultimately omitting recklessness-based lesser included offenses.
Gatlin did not object when the final instructions were read, and the Court of Appeals later reversed for error, prompting Supreme Court review.
The Supreme Court holds there was reversible error and remands for a new trial with recklessness-based instructions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court erred by refusing recklessness-based instructions	Gatlin argues recklessness-based offenses could be supported	Gatlin contends the conduct could be recklessly committed	Reversible error; recklessness instructions required
Preservation of the error for appellate review	Gatlin preserved the issue through repeated requests	Gatlin did not properly preserve the precise objections	Preserved; proper preservation existed
Standard of review for lesser included instructions when preserved	Evidence supports recklessness with favorable view	Evidence did not support alternative lesser offenses	Court must give recklessness instructions if any evidence supports them

State v. Vasquez, 287 Kan. 40 (Kan. 2008) (clear error standard for jury instruction review)
State v. Jenkins, 272 Kan. 1366 (Kan. 2002) (recklessness defined with imminent danger and disregard)
State v. Johnson, 290 Kan. 1038 (Kan. 2010) (theory of case entitlement to instruction supported by defendant's testimony)
State v. Foster, 290 Kan. 696 (Kan. 2010) (presumption to give lesser included offenses when some evidence supports them)
State v. Kirkpatrick, 286 Kan. 329 (Kan. 2008) (evidence sufficiency for lesser included instruction test)
State v. Young, 277 Kan. 588 (Kan. 2004) (instruction must be given if evidence could rationally support lesser offense)
State v. Boone, 277 Kan. 208 (Kan. 2004) (standard for weighing credibility not applied on appeal)
Hodges v. Johnson, 288 Kan. 56 (Kan. 2009) (trial court and appellate review framework for evidentiary issues)