Legal Opinion · Dissent

Vasquez v. State

Supreme Court of South Carolina

Decided August 9, 2010No. 26852Published

1DissentChief Justice Toal

I respectfully dissent. In my view, the PCR judge properly concluded Petitioner was not denied effective assistance of counsel, and I would affirm the PCR judge’s denial of relief.

I. Guilt Phase

In my opinion, the majority arrived at the correct result regarding the guilt phase of the trial. While I agree Petitioner is not entitled to a new trial, I do not agree with the majority that trial counsel was deficient or Petitioner was prejudiced by trial counsel’s failure to object to the solicitor’s “domestic terrorist” comment. However, even assuming those prongs are satisfied, I would find the…

2Cases cited8 opinions

  1. Cherry v. StateSupreme Court of South Carolina · 1989
  2. Butler v. StateSupreme Court of South Carolina · 1985
  3. Arnold v. StateSupreme Court of South Carolina · 1992
  4. Von Dohlen v. StateSupreme Court of South Carolina · 2004
  5. State v. ReeseSupreme Court of South Carolina · 2006

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