State v. Morgan
Annotate this CaseAfter a jury trial, Defendant was convicted of first degree murder and use of a firearm to commit a felony. Defendant appealed, arguing (1) the trial court erroneously gave a step jury instruction relating to the charge of first degree murder, and the court erred in refusing to give a "negative element of 'sudden quarrel'" instruction; and (2) his defense counsel provided ineffective assistance. The Supreme Court affirmed, holding (1) the district court did not err in using a step instruction, the elements of first degree murder exclude any reference to "sudden quarrel," and the jury's presumed adherence to the step instruction precluded any prejudice regarding the rest of the instruction; and (2) the record was insufficient to address two of Defendant's claims of ineffective assistance of counsel, and Defendant's remaining claims of ineffective assistance lacked merit.
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