White v. State

OPINION

SHARPNACK, Chief Judge.

Richard White appeals the denial of his petition for post-conviction relief. He raises two issues for our review, which we consolidate to whether the trial court erroneously instructed the jury about White’s voluntary intoxication defense. 1 We reverse the post-conviction relief court and remand with instructions to grant White’s petition.

The facts most favorable to the denial follow. On May 6, 1985, the State charged White with murder. During the trial, White raised the defense of voluntary intoxication. On October 10, 1985, the jury found White guilty as…