Maurice Edward Carter v. State of Tennessee

In December 2009, the Petitioner, Maurice Edward Carter, pled guilty to one count of aggravated statutory rape and one count of criminal exposure to HIV and received an effective sentence of 20 years.  Pursuant to his plea agreement, the Petitioner reserved a certified question of law concerning the trial court’s denial of his motions to suppress evidence and his statement.  On direct appeal, this Court determined that the certified question was not dispositive of the Petitioner’s case and dismissed the appeal.  Thereafter, the Petitioner filed a post-conviction petition but was denied relief.  The Petitioner now appeals, contending that he received ineffective assistance of counsel based upon trial counsel’s failure to:  (1) properly preserve the certified question of law; (2) adequately explain to the Petitioner the possible outcomes of his direct appeal; and (3) address in the certified question of law the issue of the legality of the officer’s opening a locked box found in the Petitioner’s vehicle.  The Petitioner further contends that his guilty plea was unknowing and involuntary based upon trial counsel’s ineffectiveness and the trial court’s failure to ensure that the Petitioner understood the ramifications and possible outcomes of his appeal of a certified question of law.  Following review, we affirm the judgment of the post-conviction court.