Terry v. South Carolina

Petitioner Gary DuBose Terry was sentenced to death for murder, life imprisonment for first-degree burglary, thirty years' imprisonment for first-degree criminal sexual conduct, and ten years' imprisonment for malicious injury to a telephone system. Petitioner argued in his application for post-conviction relief (PCR) that his trial counsel were ineffective in failing to argue during the hearing on the State's in limine motion that certain statements should have been introduced because of the State's misconduct and trial counsels' detrimental reliance on the State's "apparent intent" to offer those statements into evidence. Furthermore, Petitioner contended trial counsel were ineffective in failing to adjust their defense strategy in the guilt phase of trial in order to maintain credibility with the jury during sentencing. Specifically, petitioner argued trial counsel had a duty, after stating during the opening statement that petitioner "confessed," to adjust their trial strategy and not continue to pursue a reasonable doubt defense. Upon review, the Supreme Court found sufficient evidence to support the PCR court’s dismissal of Petitioner’s application, and affirmed the lower court’s decision. View "Terry v. South Carolina" on Justia Law