State v. Kyllo

¶1 — The defendant maintains that trial counsel was ineffective because counsel misstated the law on self-defense in an instruction counsel proposed that was given to the jury and in statements made during closing argument about Kenneth Kyllo’s self-defense claim. We agree and accordingly reverse Mr. Kyllo’s conviction for second degree assault. We remand for retrial.

FACTS

¶2 On June 12, 2004, while an inmate at the Cowlitz County Jail on other charges, defendant Kenneth Kyllo was involved in a fight with another inmate, Robert Mickens. Witnesses presented conflicting testimony about how the…