Lowry v. State

In this case, the PCR court found that a supplemental jury charge on felony murder did not violate Petitioner’s due process rights, and therefore, that Petitioner’s counsel was not ineffective in failing to object to the charge. This Court granted certiorari to review the PCR court’s decision. Because we find that the charge unconstitutionally shifted the burden of proof for malice in Petitioner’s murder conviction, we reverse.

Factual/Procedural Background

A grand jury indicted Petitioner Joseph Lowry (“Petitioner”) for murder, possession of a firearm during the commission of a violent…