Terry v. State
394 S.C. 62
S.C.2011Background
- Defendant Gary DuBose Terry was sentenced to death for murder and other crimes, with consecutive terms for burglary, criminal sexual conduct, and malicious injury.
- Direct appeal upheld convictions and sentences; PCR denial reviewed by the South Carolina Supreme Court.
- Victim Urai Jackson, found beaten and partly nude in Lexington County; evidence included blunt trauma and semen in vagina.
- Petitioner gave a post-arrest statement claiming consensual sex, leading to a Jackson v. Denno voluntariness hearing.
- State sought to use the statement in penalty phase; the guilt phase did not admit it.
- PCR court denied relief; Supreme Court affirmed the denial on certiorari.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was trial counsel ineffective for failing to object to the exclusion of the statement based on prosecutorial misconduct? | Terry claims misconduct and misrepresentation during the Denno hearing harmed defense. | State argues discretion in evidence selection and strategy supports non-misconduct ruling. | No reversible error; strategy and prosecutorial discretion supported by record. |
| Was trial strategy ineffective for not adjusting defense after admitting a confession in opening? | Terry contends defense should have conceded guilt to preserve credibility in sentencing. | Strategy to pursue reasonable doubt remained valid given guilt-phase evidence. | No prejudice; guilt-phase evidence undermined likelihood of different penalty-phase outcome. |
Key Cases Cited
- Cherry v. State, 300 S.C. 115, 386 S.E.2d 624 (1989) (any evidence standard for PCR review applies)
- Strickland v. Washington, 466 U.S. 668 (1984) (deficient performance and prejudice required for ineffective assistance)
- Old Chief v. U.S., 519 U.S. 172 (1997) (prosecution's evidence presentation discretion; burden on defendant to show prejudice)
- Johnson v. State, 338 S.C. 114, 525 S.E.2d 519 (2000) (state's discretion in evidence presentation; strategic choices delimitation)
- Jackson v. Denno, 378 U.S. 368 (1964) (voluntariness hearing standard for confessions)