Ex parte Charles Claude Carlton

Summary

This document is Charles Claude Carlton's objections and response to a trial court ruling in a Texas post-conviction habeas proceeding under Texas Code of Criminal Procedure article 11.07. Carlton argues that newly available evidence concerning combat-related post-traumatic stress disorder establishes an exception to the subsequent-writ bar and supports claims of incompetency at the time of his guilty pleas and ineffective assistance of counsel. The filing also discusses diligence, admissibility of scientific evidence, and the procedural requirements of article 11.073.

Questions Presented

1. Whether Carlton's subsequent article 11.07 application falls within the statutory exception for claims based on relevant scientific evidence that was previously unavailable and could not have been ascertained through reasonable diligence.
2. Whether the 2013 PTSD diagnosis could support a claim that Carlton was incompetent when he entered his guilty pleas and a claim of ineffective assistance of trial counsel.
3. Whether Carlton exercised reasonable diligence in investigating and presenting the factual basis for his mental-health claims.