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Win in South Carolina

By Karl R. Keys, Esq.

The South Carolina Supreme Court in Donney S. Council v. State granted penalty phase relief: Given there is evidence to support the PCR judge?s holding that Respondent?s trial counsel was ineffective in failing to investigate and present mitigating evidence at the penalty phase of Respondent?s trial, we affirm the PCR judge?s decision vacating Respondent?s sentence and ordering a new sentencing hearing.  We, however, find the PCR judge erred in continuing indefinitely one of the PCR grounds until Respondent regains competence. Because Respondent?s assistance is not required for PCR counsel to present the issue regarding whether Respondent?s trial counsel was ineffective in failing to adequately investigate Respondent?s mental competence at the time the crimes were committed, we reverse the PCR judge?s order on this issue and remand for the PCR judge to rule based on the evidentiary record presented at the PCR hearing in addition to any relevant evidence admitted at the hearing on remand...continue to full post

Full post as published by Capital Defense Weekly on September 08, 2008 (boomark / email).