Frank D. Frazer v. State of South Carolina Henry Dargan McMaster Attorney General for South Carolina

The majority’s grant of the writ of habe-as corpus is transparently based on the impermissible holding that the state PCR court’s decision was an unreasonable application of a Supreme Court precedent that post-dated that decision. Although the majority asserts conclusorily that the state PCR court’s failure was in not reasonably applying Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), it is evident that the majority actually reasons and holds that the state PCR court unreasonably applied Roe v. Flores-Ortega, 528 U.S. 470, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000).…