754 S.E.2d 885
S.C. Ct. App.2014Background
- Sullivan killed Jervis Powers; jury convicted Sullivan of voluntary manslaughter and two weapons offenses.
- The PCR claimed trial counsel was ineffective for not sufficiently requesting Burriss language on involuntary manslaughter in the jury charge.
- Court charged murder, voluntary manslaughter, involuntary manslaughter, self-defense, defense of habitation, and necessity; Burriss language was omitted.
- Record shows Sullivan fired three times intentionally in self-defense scenario; no evidence of unintentional firing.
- Sullivan argued Burriss language was needed to authorize lawful self-defense in the involuntary manslaughter inquiry; court denied PCR.
- PCR court found no prejudice under Strickland because Sullivan was not entitled to involuntary manslaughter charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not including Burriss language. | Sullivan argues Burriss language should have been in the involuntary manslaughter instruction. | State maintains no prejudice since involuntary manslaughter was not warranted. | No prejudice; Burriss language not required where no unintentional killing evidence. |
| Whether there was evidence supporting involuntary manslaughter due to unintentional killing. | There is evidence Sullivan fired while lawfully armed in self-defense. | Killing was intentional; no unintentional killing evidence. | No evidence of unintentional killing; involuntary manslaughter not warranted. |
Key Cases Cited
- State v. Burriss, 334 S.C. 256 (1999) (involuntary manslaughter appropriate when gun went off in accident)
- Douglas v. State, 332 S.C. 67 (1998) (involuntary manslaughter not warranted for intentional self-defense shootings)
- State v. Pickens, 320 S.C. 528 (1996) (no involuntary manslaughter when defendant admitted intentional shooting)
- State v. Cooney, 320 S.C. 107 (1995) (no involuntary manslaughter when fired toward ground at victim's feet)
- Bozeman v. State, 307 S.C. 172 (1992) (involuntary manslaughter inappropriate when defendant intended to shoot over victim's head)
- Gibson v. State, 390 S.C. 347 (Ct.App.2010) (no involuntary manslaughter where defendant intentionally fired)