Louis Michael Winkler, Jr., Respondent v. State of South Carolina, Petitioner

Summary

The South Carolina Supreme Court reversed the post‑conviction relief court’s finding that trial counsel was ineffective for not objecting to the trial judge’s refusal to answer the jury’s questions about a deadlocked sentencing verdict, and reversed the PCR court’s denial of Winkler’s motion for additional time to obtain brain‑imaging evidence, vacating the PCR court’s denial of his brain‑damage claim and remanding for further proceedings. Justice Hearn filed a separate concurrence raising a Rule 606(b) error, and Chief Justice Pleicons filed a concurrence‑in‑part/dissent‑in‑part upholding the ineffective‑assistance finding and ordering a new sentencing proceeding.