State of Washington v. Michael Levi Backemeyer

FILED OCTOBER 23, 2018 In the Office of the Clerk of Court WA State Court of Appeals, Division Ill IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE STATE OF WASHINGTON, ) No. 35218-8-111 ) Respondent, ) ) v. ) PUBLISHED OPINION ) MICHAEL LEVI BACKEMEYER, ) ) Appellant. ) LAWRENCE-BERREY, C.J. - Defense counsel performs deficiently when a jury is manifestly confused about a legal defense, yet counsel fails to assist the jury. Deficient performance can be prejudicial when the jury's manifest confusion goes to the heart of a defendant's self-defense theory. Here, a deliberating…