unsupported voluntary manslaughter instruction in Indiana

2020Watts v. State, 885 N.E.2d 1228, 1233 (Ind. 2008). [11] Therefore, in cases like Edmond’s where the State requests instructions on both murder and voluntary manslaughter, evidence of the distinguishing feature between the offenses—sudden heat—must have been introduced to the jury and be in dispute.

2012This approach makes sense especially in this case and other similar cases, where the defense counsel made a strategic decision to employ an “all or nothing” strategy to seek acquittal or reckless homicide (a Class C felony), and to avoid a conviction of murder or voluntary manslaughter (a Class A felony if committed by means of a deadly 8 weapon).3 Where defense counsel makes a tactical decision to avoid a “compromise” position for the jury, “an unsupported voluntary manslaughter instruction deprives the defendant of the opportunity to pursue a legitimate trial strategy.” Watts, 885 N.E.2d at