Supreme Court of South Carolina

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

January 4, 2000338 S.C. 103

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.