Michael Lee Robinson, Petitioner v. State of South Carolina, Respondent.

Summary

The South Carolina Supreme Court held that petitioner Michael Lee Robinson’s guilty plea was involuntary because his counsel gave ineffective assistance by incorrectly advising that the State could seek the enhanced sentencing range created by the 2012 amendment, which the Court found violated the ex post facto prohibitions of the United States and South Carolina constitutions. The Court determined counsel’s performance was deficient, that petitioner showed a reasonable probability he would have gone to trial but for the advice, and that the plea colloquy did not cure the error, and therefore reversed the post‑conviction relief court’s denial of relief.