Lavern Holiday Cherry, Petitioner v. State of South Carolina, Respondent

Summary

The court affirmed the denial of Cherry's post-conviction-relief application. It held that counsel was not ineffective for failing to object to the nickname used at trial or for failing to secure the alibi witness, whose testimony would have been cumulative and inconclusive. Although counsel did not establish that Cherry was informed of the manner and method for appealing or that he knowingly waived an appeal, the court reviewed the asserted trial error and found no reversible error because the evidence did not support a lesser-included burglary instruction.