Supreme Court of South Carolina
Fishburne v. State
July 31, 2019
Summary
The South Carolina Supreme Court remanded Derrick Fishburne’s post‑conviction relief (PCR) case because the PCR court’s order failed to include specific findings of fact and conclusions of law on his ineffective‑assistance claim regarding the trial counsel’s reference to him as a “usual suspect.” The Court held that, despite the State’s argument that the issue was unpreserved due to the absence of a Rule 59(e) motion, the constitutional importance of the Sixth Amendment claim required remand. The remand directs the PCR court to issue a supplemental order within 45 days addressing the unaddressed claim.