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SPEAKS v. STATE

No. 26469.

377 S.C. 396 (2008)

660 S.E.2d 512

Clarence D. SPEAKS, Jr., Respondent v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided April 14, 2008.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Karen C. Ratigan, all of Columbia, for Petitioner.

Deputy Chief Attorney Wanda H. Carter, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Respondent.

ON WRIT OF CERTIORARI

Chief Justice TOAL:

In this case, the post-conviction relief (PCR) court found trial counsel ineffective for failing to request an identification instruction at trial, and therefore, granted Respondent Clarence Speaks relief. This Court granted the State's petition for a writ of certiorari, and we reverse the PCR court's decision.

FACTUAL/PROCEDURAL BACKGROUND

A grand jury indicted Respondent for assault and battery...

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