Seabolt v. Norris
Annotate this CaseMelissa Norris was found guilty of shooting and killing her father Barry. She was later granted habeas relief. Kathy Seabolt, in her capacity as warden, appealed, contending that the habeas court erred in finding appellate counsel was ineffective for: (1) failing to allege error from the trial court’s refusal to charge on accident; (2) failing to argue on appeal that the trial court erred by not charging involuntary manslaughter as a lesser included offense of malice murder; (3) failing to argue ineffective assistance of trial counsel on appeal based on trial counsel’s lack of objection to questions and closing argument that allegedly commented on Norris’ right to remain silent; and (4) failing to argue on appeal that the trial court erred by improperly limiting trial counsel’s closing argument to one hour. The Supreme Court found that because the habeas court properly granted relief to Norris on the second ground mentioned above, but erred with respect to various other aspects of its ruling, it affirmed the habeas court’s ruling in part and reversed it in part, and remanded for further proceedings.
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