Payne v. State

Chief Justice TOAL:

Petitioner, Geoffrey Payne (“Payne”) asserts that his counsel was ineffective for failing to object to counsel for co-defendant’s comment on Payne’s right not to testify.

Factual/Procedural History

Geoffrey Payne (“Payne”) was convicted of murder and criminal conspiracy,1 and this Court affirmed his convictions *644on direct appeal. State v. Payne, Op. No. 98-MO-008 (S.C. Sup.Ct. filed January 26, 1998). Payne applied for post-conviction (“PCR”) relief, which was dismissed. Payne’s counsel petitioned for a writ of certiorari requesting to be relieved as counsel. Johnson v. State,…