Bell v. State

FACTS

Bell was arrested and charged with the murders of his estranged wife, Carrie Bell, and her longtime friend,

Amos Franklin. The trial judge reluctantly granted trial counsel’s request to charge voluntary manslaughter. Thereafter, Bell was granted PCR based upon counsel’s ineffective assistance in failing to request a King charge. The State contends there was no evidence to support submission of manslaughter to the jury such that Bell was not prejudiced from the lack of a King charge. We agree.

DISCUSSION

The burden of proof as to the allegations contained in a PCR application lies with the…