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STATE v. BACKEMEYER

No. 35218-8-III.

428 P.3d 366 (2018)

STATE of Washington, Respondent, v. Michael Levi BACKEMEYER, Appellant.

Court of Appeals of Washington, Division 3.

FILED October 23, 2018.

Attorney(s) appearing for the Case

David N. Gasch , Gasch Law Office, Po Box 30339, Spokane, WA, 99223-3005, for Appellant.

Brian Clayton O'Brien , Spokane County Prosecuting Attorney, Gretchen Eileen Verhoef , Spokane County Prosecutors Office, 1100 W. Mallon Ave., Spokane, WA, 99260-0270, for Respondent.

PUBLISHED OPINION

¶ 1 Defense counsel performs deficiently when a jury is manifestly confused about a legal defense, yet counsel fails to assist the jury. Deficient performance can be prejudicial when the jury's manifest confusion goes to the heart of a defendant's self-defense theory.

¶ 2 Here,...

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