Moore v. State

I respectfully dissent. Although I am sympathetic with the majority’s desire to protect Petitioner’s right to jury trial, in my view our precedents compel affirmation of the post-conviction relief (PCR) court.

The question whether a defendant knowingly and voluntarily waived his right to jury trial is determined not only from the trial record but also from the record of the PCR hearing. See Harres v. Leeke, 282 S.C. 131, 133, 318 S.E.2d 360, 361 (1984) (“[T]he voluntariness of a guilty plea is not determined by an examination of the specific inquiry made by the sentencing judge alone, but is…