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307 S.C. 273

414 S.E.2d 780

Gallman v. State

Supreme Court of South Carolina

Decided February 24, 1992

Supreme Court of South Carolina · decided 1992-02-24

Relies on Butler v. State · Martinez v. State · Daniel v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-02-24

How this case has been cited

Cited by 24 later decisions — most recently March 2017

24 state decisions

120199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gregory, Chief Justice,

¶1dissenting:

¶2I respectfully dissent. As the majority points out, petitioner has the burden of proving not only deficient representation by counsel, but a reasonable probability the result of the trial would have been different. Martinez v. State, 304 S.C. 39, 403 S.E. (2d) 113 (1991); Butler v. State, 286 S.C. 441, 334 S.E. (2d) 813 (1985). It is well-settled an applicant for PCR must demonstrate the alleged error was prejudicial in order to be entitled to relief. Curtis v. State, — S.C. —, 407 S.E. (2d) 643 (1991); Daniel v. State, 282 S.C. 155, 317 S.E. (2d) 746 (1984). The record in this case is devoid of any evidence of prejudice. The majority’s conclusion there is a reasonable probability the result of the trial would have been different is totally without support. I agree with the PCR judge’s finding petitioner failed to meet his burden of proof and would affirm.

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