Moore v. South Carolina

Petitioner Larry Moore challenged the post-conviction relief (PCR) court's finding that he received effective assistance of counsel. Petitioner's trial counsel waived his right to a jury trial and opted instead for a bench trial as part of the defense strategy. Petitioner asserted that he did not wish to waive this right, and as a result, received ineffective assistance of counsel. The State asserted that Petitioner failed to establish counsel was ineffective in part because he did not recall "telling counsel that he wished to have a jury trial or asking counsel any questions about when a jury would be selected." "However, this argument exhibits a fundamental misunderstanding of what [the Supreme] Court's waiver jurisprudence commands." The validity of a waiver does not turn on his communication with counsel, but rather on the presence of a record supporting the validity of that waiver. The Court concluded that both the trial and PCR courts in this case conducted a deficient analysis of Petitioner's waiver. The waiver in this case case was not supported by a complete record, and PCR court erred in finding that Petitioner made a knowing and voluntary waiver. Accordingly, the Court reversed the lower courts and remanded the case for further proceedings. View "Moore v. South Carolina" on Justia Law