Opinion

Brown v. State

  • 375 S.C. 464
  • 652 S.E.2d 765
  • 2007 S.C. App. LEXIS 195
Court
Court of Appeals of South Carolina
Filed
Oct 5, 2007
Status
Published
Author
Hearn
On the bench
Anderson, Kittredge, Hearn
Cited by
6 cases

holding, in a post-conviction relief matter, that Brown failed to meet his burden of proving the solicitor committed a Doyle violation and that trial counsel erred in failing to object when there was "no evidence in the record that Brown ever received the Miranda warnings"

How later courts described this case

  • holding, in a post-conviction relief matter, that Brown failed to meet his burden of proving the solicitor committed a Doyle violation and that trial counsel erred in failing to object when there was "no evidence in the record that Brown ever received the Miranda warnings"
  • stating "[t]his court gives great deference to the post- conviction relief (PCR) court's findings of fact and conclusions of law"
  • holding PCR applicant failed to prove Doyle violation where no evidence showed he had been given Miranda warnings
  • "[W]here counsel articulates a valid reason for employing a certain strategy, such conduct will not be deemed ineffective assistance of counsel." (alteration in original

Written by the judges who cited it.

The opinion

HEARN, C.J.,

concurring in a separate opinion:

I concur in the result reached by the majority, but would simply dismiss the writ of certiorari as improvidently granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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