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LOWRY v. STATE

No. 26436.

376 S.C. 499 (2008)

657 S.E.2d 760

Joseph LOWRY, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided February 11, 2008.

Attorney(s) appearing for the Case

Tara Shurling, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Julie Thames, all of Columbia, for Respondent.

Chief Justice TOAL.

In this case, the PCR court found that a supplemental jury charge on felony murder did not violate Petitioner's due process rights, and therefore, that Petitioner's counsel was not ineffective in failing to object to the charge. This Court granted certiorari to review the PCR court's decision. Because we find that the charge unconstitutionally shifted the burden of proof for malice in Petitioner's murder...

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