(Download) "Ernest L. Clark v. State Indiana" by Supreme Court Of Indiana # eBook PDF Kindle ePub Free

eBook details

Title: Ernest L. Clark v. State Indiana
Author : Supreme Court Of Indiana
Release Date : January 07, 1989
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

A jury that was instructed on both murder[Footnote 1] and voluntary manslaughter[Footnote 2] found Herman Morrison guilty of murder. Morrison argues in this direct appeal that reversible error occurred because (1) the voluntary manslaughter instruction incorrectly informed the jury that the prosecution has the burden of proof on sudden heat, the statutory factor that mitigates a killing that would otherwise be murder, (2) the error was fundamental, and therefore not waived by defense counsels failure to object to the instruction, and (3) that failure to object amounted to ineffective assistance of counsel.