Rutland v. South Carolina

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Petitioner was convicted of murder, possession of a firearm during the commission of a violent crime, and pointing a firearm. He was sentenced to life imprisonment without parole. The Supreme Court affirmed petitioner's convictions and sentences on direct appeal. Petitioner then filed a post-conviction relief ("PCR") action, and sought certiorari to review the PCR judge's order denying relief. The Supreme Court granted the petition for a writ of certiorari on two issues: (1) whether the PCR judge erred in finding trial counsel was not ineffective by failing to cross-examine the State's "key" witness regarding prior inconsistent statements; and (2) whether the PCR judge erred in finding trial counsel was not ineffective by failing to preserve for appellate review the trial judge's refusal to charge the jury on the defense of others. After review, the Supreme Court found the PCR judge erred as to the first issue, and reversed on those grounds. View "Rutland v. South Carolina" on Justia Law