Legal Opinion

Vail v. State

Court of Appeals of South Carolina

Decided February 20, 2013No. Appellate Case No. 2009-112367; No. 5092PublishedCited by 1 opinion

1Opinion of the CourtLockemy, J.

In this appeal from the denial of his post-conviction relief (PCR) application, Mark E. Vail argues the PCR court erred in finding trial counsel was not ineffective for failing to object to alleged hearsay testimony. We reverse and grant Vail a new trial.

FACTS

This case involved allegations from a thirteen-year-old girl (Victim), who claimed she and Vail, a teacher and coach at her First Baptist Church School (First Baptist), were having a sexual relationship. At trial, the State called several witnesses, including Kelsey R. (Sister) and John R. (Father), to testify regarding Victim’s…

2Cases cited17 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. SaltzSupreme Court of South Carolina · 2001
  3. Caprood v. StateSupreme Court of South Carolina · 2000
  4. Stokes v. StateSupreme Court of South Carolina · 1992
  5. Smith v. StateSupreme Court of South Carolina · 2010

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3Cited by1 opinion

  1. Ramirez v. StateCourt of Appeals of South Carolina · 2015

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