State v. Rivera
741 S.E.2d 694
S.C.2013Background
- Rivera was sentenced to death for the murder of Kwana Burns.
- The State sought the death penalty based on a prior murder conviction; Rivera was competent to stand trial.
- At guilt phase, Rivera elected to testify but defense counsel refused to call him; Guardian ad Litem participated.
- The court conducted a detailed colloquy on Rivera’s right to testify and to testify voluntarily, but Rivera was not permitted to testify.
- After lunch, the court planned to call Rivera as a court’s witness but Rivera ultimately did not testify; the jury returned a guilty verdict in eleven minutes.
- At sentencing, the court conducted in-camera review but ultimately continued to preclude Rivera’s testimony; the conviction and death sentence were challenged on direct appeal, leading to reversal for a new trial with a ruling on mitigation evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether excluding Rivera’s guilt-phase testimony was structural error not subject to harmless error | Rivera | Rivera | Yes; exclusion is structural error not subject to harmless error |
| Whether the preservation and hybrid-representation concerns affect direct-review viability | Rivera | State | Issue preserved for direct review; direct-review reversal appropriate |
| Whether the exclusion violated Rivera’s constitutional right to testify and required reversal | Rivera | State | Structural error requiring reversal and remand for new trial |
Key Cases Cited
- Rock v. Arkansas, 483 U.S. 44 (U.S. 1987) (right to testify; fundamental to due process)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (self-representation; right to defend oneself)
- Washington v. Texas, 388 U.S. 14 (U.S. 1967) (compulsory process; call witnesses in one's favor)
- Chapman v. California, 386 U.S. 18 (U.S. 1967) (harmless-error doctrine generally applies to most constitutional errors)
- Neder v. United States, 527 U.S. 1 (U.S. 1999) (structural errors; some errors cannot be cured by harmless-error analysis)
- United States v. Gonzalez-Lopez, 548 U.S. 140 (U.S. 2006) (erroneous deprivation of counsel of choice; structural error category)
- Sullivan v. Louisiana, 508 U.S. 275 (U.S. 1993) (defective reasonable-doubt instruction; structural error)