Pauling v. State

ON WRIT OF CERTIORARI

Justice BURNETT:

We granted a writ of certiorari to review the decision of the post-conviction relief (PCR) judge denying petitioner relief. We reverse.

ISSUE

Is there any evidence of probative value which supports the PCR judge’s conclusion trial counsel were not ineffective for failing to object to the trial judge’s incorrect response to the jury’s question concerning the effect of its inability to render a verdict on the murder charges?1

DISCUSSION

Petitioner was indicted on two counts of murder, two counts of assault and battery with intent to kill (ABIK), two counts of *281arm…