All Content

Posted by: Tanja Trezise on Dec 17, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph T. Howell, Jackson, Tennessee, for the appellant, Newt Carter.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Sophia S. Lee, Senior Counsel; James G. Woodall, District Attorney General; Jody S. Pickens, Assistant District Attorney General; for the appellee, State of Tennessee.

Judge(s): BIVINS

Newt Carter (“the Petitioner”) filed for post-conviction relief, challenging his convictions for aggravated rape and aggravated burglary. As his bases for relief, he alleged several grounds of ineffective assistance of counsel at trial and that “newly discovered evidence” existed in the case. After the close of the Petitioner’s proof in an evidentiary hearing, upon motion by the State, the post-conviction court denied relief, and this appeal followed. On appeal, the Petitioner asserts that trial counsel (1) failed to account for the Petitioner’s learning disabilities and (2) failed to call Benjamin Jackson as a witness. Based upon the record before us, we are compelled to vacate the judgment of the post-conviction court and remand this action to the Madison County Circuit Court for conclusion of the evidentiary hearing and for the post-conviction court to make factual findings and conclusions at the close of all the proof based on all of the evidence presented at the post-conviction hearing.