McNeal v. StateAnnotate this Case
After a jury trial, Defendant was convicted of second-degree burglary and stealing. The convictions were affirmed on direct appeal. Thereafter, Defendant filed a petition for post-conviction relief, arguing that his counsel was ineffective for failing to request an instruction on the lesser-included offense of trespass as an alternative instruction to second-degree burglary. The circuit court overruled Defendant’s motion following an evidentiary hearing. The Supreme Court affirmed, holding that counsel’s performance did not fall below an objective standard of reasonableness under the performance prong of Strickland v. Washington and that there was no need to address the prejudice prong.