Newton v. State

In posteonvietion cases, we must often navigate the fine line between a defendant’s right to a fair trial on the one hand and the legal system’s interest in finality on the other. Today we are faced with the question of whether a posteonvietion petitioner’s trial counsel was constitutionally ineffective in consenting to the presence of an alternate juror during deliberations. ■ We also address whether his appellate counsel was ineffective in failing to argue that the alternate juror’s presence was plain error.

FACTS AND LEGAL PROCEEDINGS

On the evening of September 20, 2004, Jerrell Patillo…