Swanson v. State

Summary

The court held that trial counsel provided ineffective assistance by failing to request a jury instruction on defense of habitation. Swanson presented slight evidence that he remained inside his vehicle while Reed pointed a gun at him, threatened the occupants, and reached into the vehicle, and there was a reasonable probability that the omitted instruction would have changed the verdict. The court reversed the felony-murder conviction and ordered a new trial, while declining to reach the separate claim concerning voluntary manslaughter. All justices concurred.