Second degree murder. Jury instructions. Lesser included offenses, Manslaughter by act. Giving of erroneous standard instruction on manslaughter by act, which included element of intent to kill, as lesser included offense of second degree murder constituted fundamental error even though jury was instructed on manslaughter by culpable negligence where there was no evidence from which jury could have concluded that victim was killed due to culpable negligence. Habeas corpus, Appellate counsel was ineffective for failure to bring to court's attention the decision holding that the giving of the improper standard jury instruction was fundamental error. Successive petition for writ of habeas corpus, Doctrine of manifest injustice allows court to rectify its earlier error of denying prior petition for writ of habeas corpus raising same claim of ineffective assistance of appellate counsel. Read Entire Case Below.