Credell v. Bodison
2011 U.S. Dist. LEXIS 90668
| D.S.C. | 2011Background
- Petitioner Cory Credell was convicted in Orangeburg County for murder and robbery and sentenced to two life terms to be served concurrently.
- Trial counsel was inexperienced, with no prior criminal trial experience, and did not request a more experienced attorney or assist counsel.
- Post-conviction relief (PCR) proceedings claimed ineffective assistance of trial counsel, including failure to object to witness pitting and failure to advise on testifying.
- PCR court and state appellate proceedings rejected the claims, with the PCR court finding the alleged strategy supported the decision to introduce prejudicial evidence.
- The federal court granted the writ of habeas corpus on the grounds that trial counsel’s deficient performance likely affected the trial outcome, and conditionally ordered a potential retrial by the state.
- The district court stayed the writ to allow the state to decide whether to retry Credell.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel’s advice about testifying was constitutionally ineffective | Credell | Brown County? (State) | Yes, deficient and prejudicial |
| Whether counsel’s ignorance of evidence rules violated Strickland | Credell | State | Yes, not within reasonable professional assistance |
| Whether the prejudicial bad-acts and drug-dealing evidence affected trial fairness | Credell’s trial counsel introduced inadmissible evidence | State | Yes, undermined adversarial balance |
| Whether other PCR claims lacked prejudice | Credell | State | Yes, not likely to change outcome |
| Whether a conditional grant to retry is appropriate | Credell | State | Grant granted conditionally to allow retry decision by State |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Supreme Court 1984) (standard for ineffective assistance of counsel; reasonable probability of different outcome required)
- Harrington v. Richter, 131 S. Ct. 770 (Supreme Court 2011) (AEDPA and Strickland standards applied in tandem; highly deferential review)
- Kimmelman v. Morrison, 477 U.S. 365 (Supreme Court 1986) (ineffectiveness standard includes prejudice to outcome)
- Williams v. Taylor, 529 U.S. 362 (Supreme Court 2000) (AEDPA review of state-court decisions; clearly established federal law)