Legal Opinion

Pauling v. State

Supreme Court of South Carolina

Decided July 13, 1998No. 24811PublishedCited by 14 opinions

1Opinion of the Court

BURNETT, Justice:

Petitioner was convicted of first degree burglary and first degree criminal sexual conduct (CSC). He received a life sentence for burglary and a thirty-year sentence for CSC. This Court granted a writ of certiorari to review the decision of the post-conviction relief (PCR) judge denying petitioner’s PCR application. We reverse.

ISSUE

Did the PCR judge err in holding trial counsel was not ineffective for failing to introduce the triage nurse’s notes or to interview and prepare the triage nurse as a defense witness?

FACTS

At trial, the fifty-five-year-old victim testified a man who…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Cherry v. StateSupreme Court of South Carolina · 1989
  3. Butler v. StateSupreme Court of South Carolina · 1985
  4. Johnson v. StateSupreme Court of South Carolina · 1997
  5. Holland v. StateSupreme Court of South Carolina · 1996

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Palacio v. StateSupreme Court of South Carolina · 1999
  2. Manning v. StateMississippi Supreme Court · 2004
  3. Bannister v. StateSupreme Court of South Carolina · 1998
  4. Stalk v. StateCourt of Appeals of South Carolina · 2007
  5. Bagwell v. StateCourt of Appeals of South Carolina · 2014

9 more not listed; retrieve them via the Exa API.

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