Morris v. State

While I agree with the majority that the circuit court erred in not giving an instruction on the lesser-included offense of second-degree murder, I must respectfully dissent from the majority’s decision to affirm the circuit court’s refusal to instruct on manslaughter. In my view, the majority’s analysis on the manslaughter instruction is fatally flawed. The majority improperly weighs evidence, fails to follow Arkansas law, and the opinion itself is internally inconsistent.

First, the majority accurately states the question before this court: “[W]as there evidence, however slight, that…