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Supreme Court of Louisiana
FOR IMMEDIATE NEWS RELEASE FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 24th day of January, 2012, are as follows: NEWS RELEASE #005

BY GUIDRY, J.: 2010-KA-0614 STATE OF LOUISIANA v. TERRANCE CARTER (Parish of Red River) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. This judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial court shall, upon receiving notice from this court under La. C.Cr.P. art. 923 of finality of direct appeal, and before issuing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state postconviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:147; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts.

01/24/12

SUPREME COURT OF LOUISIANA

No. 2010-KA-0614 STATE OF LOUISIANA VERSUS TERRANCE CARTER

ON APPEAL FROM THE THIRTY-NINTH JUDICIAL DISTRICT COURT FOR THE PARISH OF RED RIVER HONORABLE LEWIS O. SAMS, JUDGE

GUIDRY, Justice Defendant Terrance Carter was indicted on July 19, 2006, by a Red River Parish Grand Jury for the first degree murder of Corinthian Houston in violation of La. R.S. 14:30. After initially pleading not guilty, defendant changed his plea to a dual plea of not guilty or not guilty by reason of insanity.1 The district court denied defendant's motion to suppress his statements following a hearing conducted on July 16, 2008. Upon defendant's motion for change of venue due to extensive pre-trial publicity, the district court granted the change of venue, and by mutual agreement between the defense and the State, venue was relocated to Lincoln Parish. The sequestered jurors were selected in Lincoln Parish and taken to Red River Parish for trial. Jury selection began on September 8, 2008, and was completed on September 19, 2008. Testimony commenced thereafter, and on September 25, 2008, the State and defense concluded their cases.
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After

Despite the dual plea, defense counsel did not move for a sanity commission to determine either defendant's competency to stand trial or his mental status at the time of the offense.
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deliberating, the jury returned the unanimous verdict of guilty of first degree murder. The penalty phase was conducted on September 26, 2008, and, having found the aggravating circumstances of aggravated kidnapping, second degree kidnapping, aggravated arson, and a victim under the age of 12 years, the jury returned with a unanimous recommendation that defendant be sentenced to death. Defendant filed a motion for new trial, on which the district court conducted a hearing. During that hearing, defendant interrupted counsel and informed him that he wished to withdraw the motion. The district court continued to hear the testimony accepted as a proffer should the motion be withdrawn, but it ultimately granted the state's motion to dismiss two of the claims asserted in the motion. The defense sought writs, and on September 24, 2009, the Second Circuit remanded for the trial court to determine defendant's capacity to withdraw his motion and to rule on defendant's request to withdraw his motion. The district court held a second hearing on October 6, 2009, after which it determined that defendant was competent to withdraw his motion for a new trial, and granted defendant's request to withdraw the motion. The district court sentenced defendant to death on that same day. Under La. Const. art. V,

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