Bearpaw v. State

URBIGKIT, Chief Justice.

This appeal from a second degree murder conviction presents basic questions of an inadequate record, ineffectiveness of trial counsel, and fundamental concerns about the fairness of the trial. We reverse and remand for retrial.

I.ISSUES

Appellant initially contends:

ISSUE 1

Whether the trial court erred in instructing the jury that they could infer malice from the use of a deadly weapon and that one of the elements of manslaughter was killing without malice, expressed or implied.

ISSUE 2

Whether the trial court’s instructions concerning second degree murder and manslaughter…