Winkler v. State

JUSTICE FEW:

This is a post-conviction relief (PCR) action arising out of Louis Michael Winkler, Jr.’s murder conviction and death sentence. We reverse the PCR court’s ruling that trial counsel was ineffective in the sentencing phase of Winkler’s trial for not objecting when the trial court did not answer the jury’s questions about the consequences of a failure to reach a unanimous verdict. We also reverse the PCR court’s denial of Winkler’s pretrial motions in the PCR action in which he requested additional time to obtain and analyze evidence related to his alleged brain damage. Because the…