State v. Cooperrider

The issues before this court are: first, whether the charge on voluntary manslaughter was plain error and second, whether appellant was denied his right to effective assistance of counsel by defense counsel’s failure to object to that charge. This court finds the answers to both questions to be in the negative.

Recently, in State v. Underwood, supra, this court had occasion to address the plain error issue. There it was held that the giving of an incorrect jury instruction on voluntary manslaughter, virtually identical to the charge given in the present case, fell short of meeting the criteria…