Carter v. State
Annotate this CaseIn 1985, Appellant was convicted of first degree murder and sentenced to death. In 2006, Appellant filed a successive postconviction petition for relief. In 2009, the district court dismissed Appellant's petition, holding (1) all claims were procedurally barred except the claim of ineffective assistance of postconviction counsel in the first Post Conviction Relief Act (PCRA) proceedings; and (2) Appellant's ineffective assistance of counsel claim was not timely brought. The Supreme Court affirmed the dismissal, holding (1) the district court did not abuse its discretion in denying Appellant's request for a six-month stay of proceedings; (2) the district court was correct in determining that all of Appellant's claims were procedurally barred except the claim of ineffective assistance of postconviction counsel; and (3) because Appellant did not make a showing of ineffective assistance, the Court did not need to consider whether the claim was time barred or whether Appellant had either a statutory or constitutional right to effective assistance of postconviction counsel.
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