Turner v. State

OPINION

BROOK, Judge.

Case Summary

Appellant-petitioner Forrest Turner ("Turner") appeals the post-conviction court's denial of his petition. We reverse.

Issue

Turner raises one issue, which we restate as whether under these particular cireumstances manifest justice requires that he be granted a new trial despite a prior appellate panel's conclusion that lesser included instructions need not have been given.

Facts and Procedural History

As stated in our original unpublished opinion, the facts most favorable to the judgment are as follows:

On the night of August 19, 1995, Turner and David McCarthy…