Supreme Court of South Carolina

Robert J. Caprood, Respondent v. the State of South Carolina, Petitioner

January 4, 2000525 S.E.2d 514

Summary

The South Carolina Supreme Court reversed the post‑conviction court’s findings that counsel was ineffective for waiving the defendant’s cross‑examination rights and for failing to move for a mistrial based on references to other crimes, and remanded for a new trial. The Court held that counsel’s strategic choices were reasonable under Strickland and that the hearsay evidence was cumulative and not prejudicial. It affirmed the lower ruling that counsel was deficient for not protecting the defendant when a police officer referenced the defendant’s rap sheet.

Holding

  • Did the PCR court err in granting relief on the grounds that defense counsel was deficient in waiving Caprood’s right to cross‑examine witnesses and allowing prejudicial hearsay evidence?. The Court reversed the PCR court’s finding of ineffective assistance; counsel’s strategic decisions were reasonable and the hearsay evidence was cumulative and not prejudicial, so relief was improper.
  • Did the PCR court err in granting relief on the grounds that defense counsel was deficient in not moving for a mistrial or objecting when State witnesses referred to other crimes Caprood may have committed?. The Court reversed the PCR court’s finding of ineffective assistance on those grounds, holding that the references were not hearsay, did not require objection, and counsel’s conduct was not deficient; however, it affirmed the PCR ruling that counsel was deficient for failing to protect the client when the rap‑sheet reference was made.

Docket 25039

Cited authorities

  • Rule 404(b)

Cited by

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