Payne v. State

I concur in the result, but write separately because, in my opinion, the PCR judge correctly found that attorney Strickler did not impermissibly comment on petitioner’s exercise of his Fifth Amendment privilege to remain silent. He therefore found that petitioner’s counsel was not ineffective in failing to object. I agree with the PCR judge’s analysis, and agree with the majority that we should affirm.

In State v. Green, 269 S.C. 623, 239 S.E.2d 646 (1977), the Court was faced with the claim that the trial court erred in denying appellants’ motion for a severance. At trial, appellants had…