State v. Birthmark

¶ 1 Michael Todd Birthmark appeals from his conviction of the offense of Partner or Family Member Assault (PFMA), a felony, after a jury trial on June 21, 2011. We affirm the conviction and remand for correction of the written judgment.

¶2 Birthmark presents the following issues for review:

¶3 Issue One: Whether Birthmark’s attorney provided ineffective assistance of counsel by failing to object to the mental state instructions given at trial.

¶4 Issue Two: Whether this Court should exercise plain error review as to whether the District Court properly instructed the jury as to the mental state…