Williams v. State

We granted certiorari to review a post-conviction relief (PCR) order granting respondent a new capital sentencing proceeding, finding his trial counsel was ineffective in failing to request a “plain and ordinary” meaning jury charge. 1 We find that counsel’s performance was deficient, but that there is no evidence of resulting prejudice. We therefore reverse the PCR order.

FACTS

Respondent was convicted of murdering his wife and his son and received two death sentences. His direct appeal was affirmed. State v. Williams, 321 S.C. 327, 468 S.E.2d 626 (1996). At the PCR hearing, trial counsel…