Butler v. State

Chandler, Justice.

Petitioner Butler (Applicant) was convicted of murder and sentenced to death. We affirmed the conviction and penalty in State v. Butler, 277 S. C. 452, 290 S. E. (2d) 1 (1982), cert. den., 459 U. S. 932, 103 S. Ct. 242, 74 L. Ed. (2d) 191.

He thereafter filed an application for Post Conviction Relief (PCR), which was denied following an evidentiary hearing. We granted certiorari solely on the question of whether Applicant received effective assistance of counsel during the sentencing phase of his bifurcated trial. We hold that he did, and affirm.

The burden of proof is on the…