Post-Conviction Relief (PCR) in South Carolina
The Michael Jeffcoat Firm strives to provide the best possible representation to those convicted and seeking post-conviction relief (PCR) – requesting a new trial. For many, a PCR action is the final fight for freedom because the appellate courts have denied your appeal and you remain in prison from an unfair conviction.
Dayne’s most notable PCR win is on appeal. The appellate court reversed convictions for murder and possession of a weapon during the commission of a violent crime and remanded the case for a new trial. The appellate court found that the PCR court erred in finding trial counsel was not ineffective for failing to properly argue and preserve for appellate review whether Petitioner was entitled to an involuntary manslaughter jury charge.
***“Please note that any result achieved on behalf of a client in one matter does not necessarily indicate that similar results can be obtained for other clients.”
WHY FILE A PCR APPLICATION?
If convicted, the first option is to appeal the conviction and sentence. If the appeal is lost, the next option is to file a PCR application alleging the prior lawyer provided ineffective assistance of counsel. In other words, the prior lawyer’s performance was below the normal standard of other lawyers. PCR applicants can also argue that misconduct by a prosecutor or judge occurred during the guilty plea or trial. If granted, the only remedy for a PCR action is a new trial.
HOW WE OBTAIN POST-CONVICTION RELIEF
For every PCR case, we will obtain the prior lawyer’s files, the prosecutor’s discovery documents, and the court transcripts. To get the full picture, our attorneys will listen to your side of the story. We will find out whether your plea or trial conviction was due to a mistake or the poor performance of your prior attorney. Our attorneys will then conduct a thorough investigation by reviewing every document and interviewing all of the witnesses as if we were preparing for the original trial. They will also evaluate the prior attorney’s defense strategy and legal arguments.
Hiring a lawyer is an important decision that should not be based solely on an advertisement. Please review our qualifications and experience, and contact us about scheduling a free and confidential case review. Review brief summaries of some of our most notable cases, including cases in which clients chose to accept guilty pleas in exchange for reduced charges and/or a reduced or suspended sentence.
PCR CASES AND ISSUES WE HANDLE
- Ineffective assistance of counsel
- Advice not to testify
- After-discovered evidence / new evidence
- Erroneous legal advice
- Failure to call witness(es)
- Failure to impeach witness
- Failure to inform client of plea offer or collateral consequences
- Failure to investigate evidence / witnesses / legal issues
- Failure to make a motion
- Failure to move for a mistrial
- Failure to obtain waiver of right to counsel
- Failure to object
- Failure to raise alibi defense
- Failure to raise an issue on appeal
- Failure to request jury instruction
- Failure to suppress
- Illegal sentence
- Inform of potential defense
- Insufficient evidence
- Involuntary guilty plea
- Prosecutorial misconduct
- Right to counsel
- Sentencing errors
- Subject matter jurisdiction
- Violation of your constitutional rights
- Waiver of direct appeal
- Witnesses who have recanted or changed their stories
SOUTH CAROLINA PCR STATUTES
For more information about South Carolina’s post-conviction relief statutes, please refer to the South Carolina Code of Laws at http://www.scstatehouse.gov/code/t17c027.php and http://www.scstatehouse.gov/code/t17c028.php.
- 17-27-10 Uniform Post-Conviction Procedure Act
- 17-27-20. Persons who may institute proceeding; exclusiveness of remedy.
- 17-27-40. Commencement of proceedings by filing of application.
- 17-27-90. Grounds for relief.
- 17-27-100. Appeals.
- 17-28-30. Offenses for which post-conviction DNA testing available.
- 17-28-40. Form and contents of application.