Daugherty v. State
Annotate this CaseDefendant was convicted of one count of second-degree murder and two counts of attempted second-degree murder. Defendant appealed his second-degree murder conviction, arguing that he was entitled to relief because the jury instruction on the lesser included offense of manslaughter by act was erroneous. The district court concluded that the instruction did not constitute fundamental error. The Supreme Court reversed, holding (1) because manslaughter as a matter of degree is a next lesser offense of second-degree murder, giving an erroneous instruction on manslaughter by act constitutes fundamental error even if manslaughter is not listed immediately below second-degree murder on the verdict form; (2) in this case, the error caused by a faulty instruction on manslaughter by act was not cured by the jury’s consideration of other offenses that were also one step removed; and (3) because the jury convicted Defendant of attempted second-degree murder after being erroneously instructed on attempted voluntary manslaughter, Defendant is entitled to a new trial for the attempted homicides. Remanded with instructions that Defendant be granted a new trial.
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