Lowe v. State

We grant the petition for writ of habeas corpus and direct that the matter proceed as a belated appeal upon the question whether the trial court’s preliminary instruction regarding the definition of reasonable doubt constituted prejudicial error.

Only upon the filing and review of the transcripts of all instructions by the trial court upon this question and after full briefing on this point can this issue be resolved.

What we do decide is that petitioner received ineffective assistance of appellate counsel, who failed to raise the issue in the earlier direct appeal that the trial court’s…