Opinion
Record 210294
10-05-2021
WESLEY ADAM WILLIAMS v. HAROLD W. CLARKE, DIRECTOR
David B. Hargett (Hargett Law, P.L.C.) for appellant. Craig W. Stallard (Office of the Attorney General) for appellee.
The Circuit Court of Rockingham County.
David B. Hargett (Hargett Law, P.L.C.) for appellant.
Craig W. Stallard (Office of the Attorney General) for appellee.
GRANTED APPEAL SUMMARY
Assignments of Error
I. The circuit court erred in ruling that counsel was not deficient and there was no prejudice when counsel did not argue lack of intent to the jury.
II. The circuit court erred in ruling that counsel was not deficient and there was no prejudice when counsel did not request and argue to the jury an instruction that voluntary intoxication is a defense to attempted capital murder.
III. The circuit court erred in ruling that counsel was not deficient and there was no prejudice when counsel did not request that the court answer the jury's question of whether firing into the air can support a charge of attempted murder.
IV. The circuit court erred in ruling on the performance and prejudice prongs without holding an evidentiary hearing.