State v. Effler

HUNTER, JR., Robert N., Judge.

James William Effler (“defendant”) appeals as a matter of right from his conviction for voluntary manslaughter. On appeal, defendant argues: (1) that the trial court committed plain error when it instructed the jury that it could find defendant guilty of voluntary manslaughter if the jury found that defendant was the aggressor, where the record is void of any evidence that defendant was the aggressor; (2) that the trial court committed plain error when it failed to instruct the jury ex mero motu that defendant had no duty to retreat; and (3) that the trial court…