Casey v. State

Chandler, Justice:

Opinion No. 23402 (filed May 20, 1991) is vacated and the following substituted in its place.

In this Post-Conviction Relief (PCR) matter, we granted certiorari, pursuant to Davis v. State, 1 to review the direct appeal issues of Petitioner, Thomas Junior Casey (Casey).

We reverse.

FACTS

On October 28, 1976, Casey shot and killed Howard West-brook (Victim) with a shotgun. According to testimony of the only available eyewitness, Janie Marlowe (Marlowe), sister of Casey, Victim threatened to “cut” Casey as he sat in his car in Marlowe’s front yard. When Victim approached the car,…