Carter v. Werholtz, No. 11-3036 (10th Cir. 2011)
Annotate this CasePro se prisoner Defendant Jerome Carter sought a certificate of appealability (COA) to appeal the denial of his petition for the writ of habeas corpus. Defendant was charged in 1998 for first-degree murder, felony murder, aggravated robbery and firearms possession. The Kansas Supreme Court reversed Defendant's convictions from his first trial, holding that his counsel had provided ineffective assistance by admitting involvement in the robbery despite Defendant's objections. In Defendant's second trial, and over his objection, the court permitted the prosecutor to introduce "prior identification" testimony that had been excluded in the first trial. In 2005, Defendant sought post-conviction relief in state court, which was summarily denied. On appeal to the Tenth Circuit, Defendant argued multiple technical errors at the second trial warranted the COA. Upon review of the trial court record, the Tenth Circuit concluded "Defendant presented no reason" that the issues he raised before the Court would have "led to a better result for him. No reasonable jurist could debate the district court's ruling." The Court denied Defendant's application for a COA and dismissed his appeal.
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