Chalk v. State

We granted certiorari to review the circuit court’s denial of petitioner’s application for postconviction relief (PCR). We agree with petitioner’s contention that trial counsel was ineffective in failing to request a King 1 charge and a self-defense charge pursuant to State v. Hendrix. 2 We reverse the denial of PCR and remand for a new trial.

Petitioner was charged with murder. Based on the evidence adduced at trial the jury was charged on murder, manslaughter, and self-defense. The first issue is whether trial counsel was ineffective for failing to ask the jury be instructed that it resolve…