Martinez v. State

Petitioner, Laville Martinez (Martinez), was convicted of first degree burglary and first degree criminal sexual conduct. His direct appeal was affirmed. State v. Martinez, 294 S.C. 72, 362 S.E. (2d) 641 (1987). We granted certiorari to review the denial of his application for post-conviction relief (PCR).

We reverse and remand for a new trial.

On March 7,1986, Allison Counts (Victim) was awakened in her bed by an unidentified black male. She was raped at knife-point, then dragged into her kitchen, where the attacker dropped something on the floor. When he left, Victim dressed and went to her…