Carter v. State

OPINION

DROWOTA, Justice.

We granted the petitioner, James David Carter, permission to appeal to consider whether the lower courts erred by dismissing Carter’s petition for post-conviction relief upon the grounds that his claims alleging violations of State v. Middlebrooks 840 S.W.2d 317 (Tenn.1992) (Drowota, J. and O’Brien, J., dissenting), and Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), have been previously determined by the federal district court, and that his claim challenging the constitutionality of the reasonable doubt instruction given at his trial, is without…