Simmons v. South Carolina

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Petitioner Kenneth Simmons was convicted and sentenced for the "brutal and horrific" 1996 murder and criminal sexual assault of an 89-year-old Summerville woman. Petitioner sought post-conviction relief (PCR), which was granted in part. Because Petitioner was intellectually disabled, the PCR court vacated Petitioner's death sentence and imposed a sentence of life without parole. Petitioner additionally sought a new trial on newly discovered evidence and due process grounds, which the PCR court denied without discussion. The essence of Petitioner's new-trial claims centered on the allegation that the State misrepresented at trial the strength of the DNA evidence linking Petitioner to the crimes. The State urged the South Carolina Supreme Court to not reach the merits of Petitioner's certiorari petition on issue-preservation grounds. Alternatively, the State recommended the case be remanded to the PCR court for the issuance of a proper order setting forth findings of fact and conclusions of law. The Supreme Court concluded the compelling nature of the dispute and the interests of justice warranted the "extraordinary action" of remanding the case to the PCR court for issuance of a proper order. View "Simmons v. South Carolina" on Justia Law