Collins v. South Carolina

A jury convicted Marshall Collins of trafficking methamphetamine (third offense), and possession of a weapon during the commission of a violent crime. The trial judge sentenced Collins to an aggregate twenty-five years' imprisonment. The Court of Appeals affirmed. Subsequently, Collins filed a timely application for Post-Conviction Relief ("PCR"). After a hearing, the PCR judge issued an order granting Collins a new trial. The South Carolina Supreme Court granted the State's petition for a writ of certiorari to review whether the PCR judge erred in finding trial counsel was ineffective in failing to request a continuance and failing to properly handle an expired plea offer. Based on the trial court record, the Supreme Court found trial counsel was not deficient for failing to request a continuance, or in his handling of the expired plea offer. Additionally, the Court found Collins failed to establish prejudice resulting from either alleged deficiency. Accordingly, the Court reversed the PCR judge's decision. View "Collins v. South Carolina" on Justia Law