Andrew McWhorter v. State of Indiana

RUCKER, Justice.

Andrew McWhorter appealed the denial of his petition for post-conviction relief arguing trial counsel rendered ineffective assistance for failing to object to a flawed voluntary manslaughter jury instruction. On review the Court of Appeals reversed the judgment of the post-conviction court and remanded this cause for retrial on reckless homicide only. On transfer, we also reverse the judgment of the post-conviction court but conclude ¿hat on remand there is no prohibition for retrial on either voluntary manslaughter or reckless homicide.

Facts and Procedural History

The State…