Garrett v. StateAnnotate this Case
Petitioner was charged with felony rape and related charges. Petitioner's case was first tried to a jury in 2008. The jury deadlocked on Petitioner's charges for felony rape and felony confinement, and a retrial was scheduled. After a second bench trial, the trial court found Defendant guilty of felony rape and not guilty of criminal confinement. The court of appeals affirmed. Petitioner's convictions were affirmed on appeal. Petitioner subsequently filed a petition for post-conviction relief, alleging, inter alia, that his trial counsel was ineffective for failing to object and/or move for a dismissal of the rape charge on state double jeopardy grounds. The post-conviction court denied the petition. The Supreme Court affirmed, holding (1) the "actual evidence" test announced in Richardson v. State is applicable to cases in which there has been an acquittal on one charge and retrial on another charge after a hung jury; and (2) the post-conviction court properly denied Petitioner's petition.