Brightman v. State

MOORE, Justice:

Petitioner Herman Brightman was convicted of possession with intent to distribute (PWID) crack cocaine and sentenced to 12 years.1 We granted petitioner a writ of certiorari to review the denial of his application for post-conviction relief (PCR). We reverse.

ISSUE

Did the PCR judge err in finding trial counsel was not ineffective for failing to request a King2 charge?

DISCUSSION

At trial, trial counsel requested a jury charge on the lesser included offense of simple possession. The trial judge granted petitioner’s request. Trial counsel, however, did not request a King charge.…