Newton v. StateAnnotate this Case
A postconviction petitioner’s (Petitioner) trial counsel was not constitutionally ineffective by consenting to the presence of an alternate juror during deliberations, and the performance of Petitioner’s appellate counsel did not prejudice Petitioner's appeal by failing to argue that the alternate juror’s presence was plain error. The postconviction court granted Petitioner a new trial, concluding in part that Petitioner’s trial attorney was ineffective for failing to object to the presence of the alternate juror and that Petitioner’s appellate court was ineffective in failing to argue that the alternate juror’s presence was plain error. The court of special appeals reversed. The Court of Appeals affirmed, holding that Petitioner failed to show that trial counsel’s performance prejudiced him at trial or that his appellate counsel’s performance prejudiced his appeal.