State v. Tidwell

MARTIN, Judge.

Defendant contends that she is entitled to a new trial due to (1) repeated instances of alleged prosecutorial misconduct, (2) denial of her right to effective assistance of counsel, (3) the trial court’s refusal to give a requested jury instruction, and (4) the court’s failure to submit the lesser offense of involuntary manslaughter as a possible verdict. Defendant’s latter two contentions have merit and we conclude that she is entitled to a new trial. We do not address her other contentions because they concern matters which may not arise at a new trial.

Defendant requested the…