Her

—Convicted of murder and attempted murder, defendant Por Ye Her appeals, contending the trial court erred in instructing the jury on voluntary manslaughter and voluntary attempted manslaughter and his trial attorney was ineffective in failing to object to certain evidence and argument. Finding no prejudicial error or ineffective assistance of counsel, we will affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On an evening in March 2003, defendant and his brother, Chang Her, were at a dance club on Fruitridge Road when Chang got into an argument outside the club with Lou Saephan. The argument ended without a fight, but afterwards Chang and defendant were both very upset. A friend of Saephan’s named Keng Thao came out of the club and insisted on talking to the Her brothers to prevent a fight. Defendant pushed Thao in the face, and Thao fell over a chair and onto the ground. Chang and defendant began to leave, when two other brothers, Sua and Chue Moua—one of whom was Thao’s best friend—came out of the club. Chue asked Chang, “Do you want a piece of me?” and hit Chang in the face. Sua then went after defendant.

Two men pulled Sua and defendant apart, then turned to…