State v. Barnes

The State appeals the trial court’s order granting David Lee Barnes’ motion for post-conviction relief and awarding a new trial. The State argues that the trial court erred in concluding that Barnes’ trial counsel rendered ineffective assistance by failing to request a jury instruction on the justifiable use of non-deadly force. For the reasons expressed below, we agree and reverse.

Barnes was charged by amended information with the second-degree murder of Michael Speights (“the victim”). The information alleged that Barnes unlawfully killed the victim by stabbing him with a knife without a…