DIAZ, J., for the Court:
¶ 1. Fredrick Barber appeals his conviction of simple assault on a police officer raising the following issues as error: 1) whether defense counsel was deficient in his performance and whether counsel's deficiency was prejudicial and 2) whether the court erred in not giving defense jury instruction D-2. Finding the last issue to be dispositive, we reverse and remand.
FACTS
¶ 2. On August 28, 1996, a minor traffic...
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