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VAIL v. STATE

Appellate Case No. 2009-112367 No. 5092.

402 S.C. 77 (2013)

738 S.E.2d 503

Mark Edward VAIL, Petitioner, v. STATE of South Carolina, Respondent.

Court of Appeals of South Carolina.

Decided February 20, 2013.

Rehearing Denied March 20, 2013.

Attorney(s) appearing for the Case

Daniel J. Westbrook and Travis Dayhuff , both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Petitioner.

Attorney General Alan M. Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Salley Elliott , Assistant Attorney General Matthew Frideman , and Assistant Attorney General Ashleigh Rayanna Wilson , of Columbia, for Respondent.

LOCKEMY, J.

In this appeal from the denial of his post-conviction relief (PCR) application, Mark E. Vail argues the PCR court erred in finding trial counsel was not ineffective for failing to object to alleged hearsay testimony. We reverse and grant Vail a new trial.

FACTS

This case involved allegations from a thirteen-year-old girl (Victim), who claimed she and Vail, a teacher and coach at her First Baptist Church School (First Baptist), were having...

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