Wigington v. State

LOCKEMY, Judge.

In this post-conviction relief (PCR) action, George Wiging-ton (Petitioner) argues the PCR court erred in finding trial counsel was not ineffective for failing to properly argue to the trial court and preserve for appellate review whether he was entitled to an involuntary manslaughter jury charge. We reverse and remand for a new trial.

FACTS/PROCEDURAL BACKGROUND

In August 2005, Petitioner was indicted by a Spartanburg County grand jury for murder and possession of a weapon during the commission of a violent crime.

At trial, Petitioner testified his son, his son’s girlfriend, and…