Barron v. State

Timmie Ray Barron appeals the denial of his motion for postconviction relief. The mo*583tion raises nine grounds of error including multiple claims of ineffective assistance of counsel. We hold that two of his points may-have merit and remand this matter to the trial court to further address his arguments.

Barron contends that counsel was ineffective for failing to recognize and object to a fundamentally defective jury instruction. He was charged with the murder of his ex-wife’s boyfriend and burglary. It is asserted that the court presented a jury instruction on excusable homicide which…