Mangal v. South Carolina

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Farid Mangal was convicted of criminal sexual conduct with a minor, lewd act upon a child, and incest. After his convictions were affirmed, Mangal filed an action for post-conviction relief (PCR), arguing his trial counsel was ineffective for not objecting to improper bolstering testimony. The PCR court refused to rule on the improper bolstering issue because the court found Mangal did not raise it in his PCR application or at the PCR hearing. The court of appeals reversed, finding the improper bolstering issue was raised to the PCR court. The court of appeals then proceeded to grant PCR on the merits of the issue. In reversing the court of appeals, the South Carolina Supreme Court determined the court of appeals relied on several additional portions of the testimony at issue here that was not revealed to the PCR court at any point during the PCR hearing. With regard to the PCR court's exercise of discretion in refusing to address the improper bolstering issue, Mangal filed a Rule 59(e) motion asking the PCR court to consider the claim. The PCR court denied the motion, finding "no testimonial evidence . . . was presented in support of these allegations." The South Carolina Supreme Court agreed with the PCR court and reinstated its order. View "Mangal v. South Carolina" on Justia Law