State v. Graham

The opinion of the court was delivered by

Davis, J.:

James L. Graham’s conviction of attempted second-degree murder was affirmed by the Court of Appeals in State v. Graham, No. 87,217, unpublished opinion filed November 1,2002. We granted his petition for review based primarily upon his claim that the jury instruction on voluntary manslaughter was clearly erroneous requiring a new trial. A divided Court of Appeals rejected his claim, concluding that there was no real possibility the jury would have rendered a different verdict had the jury been properly instructed. We disagree, reverse, and…