Washington V. Hatley

The State appeals an order granting a new trial to defendant Charles R. Hatley and the denial of its motion for reconsideration of that order. Hatley cross-appeals, contending that (1) the court's reasonable doubt instruction was erroneous, (2) the court erred in admitting two gruesome photographs of one of the victims, (3) his claim of "imperfect" self-defense reduced the degree of homicide to manslaughter, and (4) the State improperly commented upon his right to remain silent. We reverse.