745 S.E.2d 97
S.C.2013Background
- Petitioner pleaded guilty in Georgetown County (April 20, 2006) to CSC 2nd and two lewd-act counts, receiving concurrent eight-year terms suspended for five years plus three years’ probation; no direct appeal.
- Petitioner later faced Williamsburg County charges; a subsequent conviction for CSC 2nd and kidnapping led to two consecutive LWOP sentences under the recidivist statute.
- PCR petition filed April 3, 2007; evidentiary hearing held November 2008; plea counsel admitted failing to advise about the recidivist consequences of the Georgetown plea.
- Petitioner testified he did not know the Georgetown plea could trigger LWOP on Williamsburg charges; plea counsel sought a deal with a lesser offense to avoid LWOP, but Petitioner would not accept it and proceeded to trial.
- Indictment for CSC 2nd indicated a date window (on or about August 5–7, 1999) differing from arrest-warrant dates; Petitioner claimed alibi evidence (church showers) and contested timing, but counsel did not uncover exculpatory material.
- PCR court held recidivist consequence was collateral and petitioner failed to prove prejudice; court also found plea counsel’s investigation reasonable; appellate standard of review applied was ‘any evidence’.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Recidivist consequence advice and prejudice | Taylor argues Padilla governs and counsel’s failure to inform about LWOP risk prejudiced him. | State argues Padilla not retroactive and LWOP risk here is indirect/collateral; no prejudice shown since he would have likely pled anyway. | No ineffective assistance; no prejudice shown. |
| Failure to investigate CSC 2nd charge | Taylor contends counsel should have investigated date discrepancies and alibi evidence to rebut the CSC 2nd claim. | State asserts investigation was reasonable given details and circumstances; no deficient performance. | Counsel's investigation was reasonable; no ineffective assistance. |
Key Cases Cited
- Padilla v. Kentucky, 559 U.S. 356 (Supreme Court 2010) (deportation consequences as a key counsel duty)
- Chaidez v. United States, 133 S. Ct. 1103 (U.S. 2013) (Padilla does not apply retroactively)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (voluntary and intelligent guilty plea standard with prejudice inquiry)
- Cherry v. State, 300 S.C. 115 (S.C. 1989) (any probative evidence standard for PCR review)
- Speaks v. State, 377 S.C. 396 (S.C. 2008) (PCR review requires probative evidence support)
- Roscoe v. State, 345 S.C. 16 (S.C. 2001) (full understanding of consequences; prejudice required)
- McKnight v. State, 378 S.C. 33 (S.C. 2008) (duty to investigate reasonable under circumstances)