Morrison v. State

BARTEAU, Judge.

A jury that was instructed on both murder 1 and voluntary manslaughter 2 found Herman Morrison guilty of murder. Morrison argues in this direct appeal that reversible error occurred because (1) the voluntary manslaughter instruction incorrectly informed the jury that the prosecution has the burden of proof on sudden heat, the statutory factor that mitigates a killing that would otherwise be murder, (2) the error was fundamental, and therefore not waived by defense counsel's failure to object to the instruction, and (8) that failure to object amounted to ineffective assistance…