Louis Michael Winkler, Jr., Respondent v. State of South Caroli — Pleicones, J., Concurring in Part and Dissenting…

Summary

Chief Justice Pleicones dissents in part, agreeing the PCR order must be reversed and remanded because the judge abused discretion denying a continuance, but argues that trial counsel’s ineffective assistance finding should stand and that Winkler is entitled to a new sentencing hearing even if he cannot prove mental‑health error. The dissent critiques the majority’s burden shift, case law analysis, and prejudice assessment, emphasizing due‑process rights during jury deliberations. Justice Hearn’s separate concurrence concurs with the majority on reversal but raises a separate error concerning Rule 606(b) juror testimony. The Court ultimately reversed and remanded the PCR order.