Eichelberger v. State

OPINION

VAIDIK, Judge.

Case Summary

Jason Eichelberger appeals the post-conviction court's denial of his petition for post-conviction relief. Specifically, he contends that the post-conviction court erred in concluding that his trial counsel was not ineffective for failing to ensure that the jury was properly instructed as to the State's burden of proof for both murder and voluntary manslaughter. Because Hi-chelberger's trial counsel tendered a flawed instruction on voluntary manslaughter, which improperly included sudden heat as an element of the offense rather than stating that the State bears…