South Carolina Lawyers Weekly

Feb 13, 2025

4th Circuit: Appeal waiver forecloses challenge to sentence

South Carolina Lawyers Weekly Staff Where a man argued the District Court erred when it sentenced him as an armed career criminal, his appeal was barred by the appeal waiver […]

Aug 22, 2024

4th Circuit: District Court must determine when inmate received notice of order

The 4th U.S. Circuit Court of Appeals remanded Millanyo Woody's case for clarification on notice timing, evaluating whether his filings could be construed as motions to reopen under Rule 4(a)(6) or Rule 60.

Feb 8, 2017

Do-over denied for allegedly bad lawyering

A federal judge in Charleston has turned away a couple seeking a do-over because their now-suspended attorney allegedly neglected their case. U.S. District Judge David Norton’s Jan. 26 order, which […]

Oct 20, 2015

Criminal Practice – PCR – Constitutional – Ineffective Assistance – Jury Instructions – Appeals – Confrontation Right – Limited Cross-Examination

Wilds v. State (Lawyers Weekly No. 010-117-15, 2 pp.) (Per Curiam) Appealed from Richland County (Marc H. Westbrook & J. Michelle Childs, JJ.) On writ of certiorari to the Court […]

Aug 3, 2015

Criminal Practice — PCR – Competency to Stand Trial – Constitutional – Ineffective Assistance Claim

Ramirez v. State (Lawyers Weekly No. 011-074-15, 21 pp.) (Aphrodite Konduros, J.) (John Geathers, J., dissenting) Appealed from Greenville County (Edward Miller, Plea Court Judge) (G. Edward Welmaker, Post-Conviction Relief […]

Jul 31, 2015

Criminal Practice — PCR – Ineffective Assistance Claim – Plea Bargain – State’s Breach

Smith v. State (Lawyers Weekly No. 010-087-15, 3 pp.) (Kaye Hearn, J.) (Costa Pleicones, J., concurring in the result only without separate opinion) Appealed from Richland County Circuit Court (L. […]

Jun 22, 2015

Criminal Practice — PCR – Constitutional – Attorneys – Ineffective Assistance Claim – Waiver

Sanders v. State (Lawyers Weekly No. 010-065-15, 6 pp.) (Kaye Hearn, J.) Appealed from Dorchester County Circuit Court (DeAndrea Benjamin, J.) S.C. S. Ct. Holding: When the state agreed not […]

Apr 22, 2015

Criminal Practice — PCR – Jury Charges – Allen Charge – Ineffective Counsel

Workman v. State (Lawyers Weekly No. 010-044-15, 5 pp.) (Per Curiam) Appealed from Greenville County Circuit Court (C. Victor Pyle Jr., Circuit Court Judge & Edward Miller, Post Conviction Judge) […]

Jan 7, 2015

Criminal Practice — No Ineffective Assistance for ‘Racial Selection’ Omission

U.S. v. Mason (Lawyers Weekly No. 001-007-15, 29 pp.) (Wilkinson, J.) No. 12-8042, Dec. 18, 2014; USDC at Columbia, S.C. (Currie, J.) 4th Cir. Holding: A split 4th Circuit panel […]

May 16, 2012

Criminal Practice – PCR – Constitutional – Attorneys – Ineffective Assistance – No Prejudice

Goins v. State Even though plea counsel provided ineffective assistance in failing to properly advise defendant on the law regarding whether a motel owner can freely admit police into a rented room, defendant has failed to prove that this advice was his reason for electing not to go to trial and has thus failed to establish prejudice.

Jul 13, 2011

Criminal Practice – Constitutional – Confrontation Clause – Attorneys – Ineffective Assistance – Guilt-Phase Cross-Examination – Now-Deceased Witness – New Trial

State v. Nance In a prior trial, defense counsel ineffectively executed a strategy of not contesting guilt and of mitigating defendant’s actions in an attempt to avoid the death penalty. We awarded a new trial, and the only eyewitness has now passed away. Defense counsel’s strategy in the original trial of not cross-examining the eyewitness was not ineffective, and, at defendant’s n[...]

May 10, 2011

Criminal Practice – Constitutional – Ineffective Assistance – Indictment – Conflicting Instructions – Homicide by Child Abuse

Bailey v. State The indictment alleged that petitioner killed the child-victim by striking him. During deliberations, the jury informed the court that it found no evidence that petitioner struck the child, and the jury asked about the "omission" part of "act or omission" in the homicide by child abuse statute. Petitioner received ineffective assistance of counsel when defense counsel did [...]