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Carter v. State

The state did not have to prosecute two indictments against defendant separately since his stabbing the victim and kidnapping her two months later while out on bail showed a common plan.

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Late at night on September 7, 1996, Tonya Davis and Ira Gresham were walking near James Carter’s home when Carter pulled up in a car beside them. Carter and Gresham began arguing, Carter got out of the car, and a fight ensued. Davis tried to intervene, and Carter stabbed both Davis and Gresham with a knife. Carter fled from the scene. Several days later, he was arrested for the stabbings. The day after his arrest, Carter was released from jail on a bond.

Two and a half months later, on the night of November 22nd, Davis and her friend Dubie Lewis were walking near Carter’s home when Carter again pulled up in a car. Carter got out of the car and walked toward Davis and Lewis. He had a knife and threatened to kill Davis and others because, he said, he was going to jail for the prior stabbings. Carter then grabbed Davis, repeatedly swung and pointed the knife at her, forced her into his car, and then drove around the area while continuing to threaten Davis with the knife. A police officer eventually stopped the car and arrested Carter.

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