Battle v. State

Toal, Justice:

We granted Elijah Battle’s petition for writ of certiorari to review the denial of his application for post-conviction relief (PCR). The sole issue of merit is whether trial counsel was ineffective in failing to request additional, specific instructions on the law of self-defense. We find that counsel was ineffective and reverse.

FACTS

On September 19, 1986, petitioner visited his neighbor, Alfonzo Lee Taylor (decedent). Decedent had begun drinking earlier that day; he was extremely intoxicated. His blood alcohol level, as determined at the autopsy, was .23%. Petitioner drank with…