Public-domain · open source
OpenJurist

333 S.C. 275

509 S.E.2d 472

Legare v. State

Supreme Court of South Carolina

Decided December 14, 1998

Supreme Court of South Carolina · decided 1998-12-14

Cited by 8 later decisions — most recently November 2015

8 state decisions

Relies on Pauling v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-12-14

View the full empirical analysis of this case →

FINNEY, C.J.,

¶1dissenting in separate opinion.

FINNEY, Chief Justice:

¶2I respectfully dissent, and would affirm the grant of post-conviction relief (PCR) to respondent. In my opinion, the majority errs when it deviates from the normal deferential scope of review applied to PCR matters. We are required to áffirm the circuit court’s PCR order if it is supported by any evidence in the record. Pauling v. State, 331 S.C. 606, 503 S.E.2d 468 (1998). In my opinion, the order’s findings regarding defective representation, and especially resulting prejudice, are supported by the evidence and we should not, and properly cannot, overturn them. I would affirm.

/333/sc/275 · .json · Public domain