Sellers v. State

Chief Justice TOAL:

The post-conviction relief (PCR) judge granted James A. Sellers (Respondent) a new trial after finding that counsel was ineffective for (1) failing to move for a directed verdict on the charge of accessory before the fact of murder, (2) failing to request a jury charge for a lesser-included offense on the trafficking in crystal methamphetamines and accessory before the fact of murder charges, and (3) failing to move for a ruling upon the competency of a witness. We reverse the PCR judge’s decision.

Factual / Procedural Background

Respondent was arrested for accessory before…