Johnell Allen v. Carol Howes

I agree with the majority’s disposition of Allen’s right to present a defense claim. I write separately because I disagree with the majority’s rejection of Allen’s ineffective assistance of appellate counsel claim based on counsel’s failure to appeal the erroneous exclusion of evidence. Allen’s testimony clarifies that he was concerned about his seventeen-month-old twins’ safety, and the jury could have believed that this concern, not an intent to kill McMullen, motivated Allen’s actions on the day McMullen was killed. The trial court, however, improperly excluded the only evidence Allen…