Carter v. State

Chandler, Justice:

Certiorari was granted in this post-conviction relief case to consider whether petitioner’s second post-conviction application was properly dismissed on the ground of successiveness. We reverse and remand for a hearing on the merits.

At his August 4, 1982, murder trial, petitioner (Carter), represented by retained counsel, did not testify. Carter was convicted of murder and sentenced to life imprisonment. He did not appeal his conviction.

In February 1984, Carter filed an application for post-conviction relief and was represented by the same attorney who had represented him at…