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Workman v. State

Supreme Court of South Carolina

April 15, 2015

Kenneth W. Workman, Petitioner,
v.
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.

Page 637

[412 S.C. 129] ON WRIT OF CERTIORARI

PER CURIAM:

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.

FACTUAL/PROCEDURAL BACKGROUND

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,[1] petitioner filed an application for PCR, alleging trial counsel was ineffective in failing to object to a coercive Allen [2] 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

Page 638

charge, as the charge was not unduly coercive; and (2) petitioner was not prejudiced by trial counsel's failure to challenge the ruling barring ...


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