Fisher v. State

OPINION

BAKER, Judge.

Appellant-petitioner Darryl Eugene Fisher appeals the post-conviction court's denial of his petition for post-conviction relief The post-conviction court determined that Fisher's appellate counsel was not ineffective for failing to argue that Fisher should have received a reckless-homicide instruction at trial. Fisher contends that the post-conviction court improperly based its decision on an issue conceded by the State, that is, whether there was a serious evidentiary dispute over Fisher's mens rea at the time of the shooting. Concluding that the caselaw did not clearly…