Kenneth W. Workman, Petitioner,
State of South Carolina, Respondent
Submitted March 19, 2015
Appeal From Greenville County. The Honorable C. Victor Pyle, Jr., Circuit Court Judge, The Honorable Edward W. Miller, Post Conviction Judge. Appellate Case No. 2013-002789, Lower Court Case No. 2012-CP-23-02386.
REVERSED AND REMANDED.
Susannah Conyers Ross, of Ross & Enderlin, PA, of Greenville, for Petitioner.
Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Karen Christine Ratigan, both of Columbia, for Respondent.
TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.
[412 S.C. 129] ON WRIT OF CERTIORARI
Petitioner seeks a writ of certiorari from the dismissal, after a hearing, of his application for post-conviction relief (PCR). We grant the petition for a writ of certiorari, dispense with further briefing, and reverse.
In a joint trial, petitioner and codefendant Oshawn Robinson were convicted of assault and battery, conspiracy, possession [412 S.C. 130] of a weapon during the commission of a violent crime, and armed robbery. After petitioner's direct appeal was dismissed pursuant to Anders, petitioner filed an application for PCR, alleging trial counsel was ineffective in failing to object to a coercive Allen  charge and in failing to challenge the trial judge's ruling barring cross-examination of the State's witness, Timothy Wright, regarding the sentencing recommendation Wright received in exchange for testifying against petitioner and Robinson.
The PCR judge denied petitioner's application for PCR, finding (1) petitioner failed to meet his burden of proving trial counsel was ineffective in failing to object to the Allen
charge, as the charge was not unduly coercive; and (2) petitioner was not prejudiced by trial counsel's failure to challenge the ruling barring ...