Bruno v. State

556 S.E.2d 393, 347 S.C. 446, 2001 S.C. LEXIS 192
CourtSupreme Court of South Carolina
DecidedDecember 3, 2001
Docket25381
StatusPublished
Cited by5 cases

This text of 556 S.E.2d 393 (Bruno v. State) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bruno v. State, 556 S.E.2d 393, 347 S.C. 446, 2001 S.C. LEXIS 192 (S.C. 2001).

Opinions

Justice WALLER.

We granted a writ of certiorari to review the denial of post-conviction relief (PCR) to petitioner Lawrence Bruno. We affirm.

FACTS

Bruno was convicted of murder and sentenced to life imprisonment. On appeal, this Court affirmed. State v. Bruno, 322 S.C. 534, 473 S.E.2d 450 (1996). As related in the Court’s opinion on direct appeal, the basic facts of the crime are as follows:

[Bruno] and Mark Ross were drinking at a bar one evening in September 1993. The two left the bar in Ross’s car. Ross testified that as he was driving away from the bar, he [448]*448tried to pass the car of James Murphy (“Victim”), who was travelling in the same direction. Victim drove aside Ross’s vehicle, began taunting Ross, and pulled in front of him. Ross almost hit the curb in attempting to avoid Victim’s car. Ross and Bruno followed Victim’s car; they eventually saw it parked at a [Starvin’ Marvin] convenience store. At Bruno’s request, Ross pulled over into the convenience store’s parking lot. From the passenger’s side, Bruno looked over at Victim, who was rummaging through the trunk of his car. Bruno yelled to Victim: “Are you — are you James Murphy?” Victim responded, “Who, the hell, wants to know?” From the car, Bruno shot Victim. After the shots were fired, Ross began to drive off, and Bruno pulled his gun back into the car.
Bruno’s testimony was that after entering Ross’s vehicle at the bar, he fell asleep and did not awake until the car hit a bump or curb on the side of the road. When he awoke, he asked Ross what had happened. Ross replied that Victim had tried to run them off the road. Just at that moment Bruno saw Victim “getting in his [car] trunk,” and he felt that Victim was coming toward him. Bruno testified “something snapped,” and he shot Victim.
Police found Victim shot to death. His body was near his car in the convenience store’s parking lot. The trunk of the car was open.

Bruno, 322 S.C. at 535, 473 S.E.2d at 451.

At trial, Bruno attempted to present that he feared Victim and therefore had acted in self-defense or in response to Victim’s provocation. Evidence was admitted about two prior incidents between Victim and Bruno.

Regarding the police investigation of the crime, Dale McCard, the lead investigator, explained that he went to Ross’s house to question him about his involvement. McCard stated that “[u]pon talking to Mr. Ross, he agreed to come down to the Law Enforcement Center at that time and take a polygraph concerning the event.” Bruno’s trial counsel did not object to this testimony.

During Ross’s testimony, the State asked him what happened when he went to the police station. Ross replied: “A bunch of questioning. Took a polygraph test.” Trial counsel [449]*449raised no objection. On cross-examination, Ross testified that he had been charged with accessory after the fact of murder and that when he first spoke with police, he had denied his involvement in the crime.

Additionally, Ross testified that on the day after the killing, he drove Bruno to the Old Easley Bridge where Bruno threw the gun over one side of the bridge, and the clip and bullets over the other side. In Bruno’s statement to police, he stated that he alone went to the Saluda Dam Bridge and threw the gun away on the dam side of the bridge. Based on Ross’s information, the gun and the bullets were recovered by police divers at the Old Easley Bridge.

During its closing, the State argued that Ross’s version of the events had been corroborated. Specifically, the State argued that Ross “told the officers what happened at Starvin’ Marvin and at the bridge. He didn’t lie about it because everything’s been corroborated.”

The trial court charged the jury on murder, voluntary manslaughter, and self-defense. The jury convicted Bruno of murder. On appeal, Bruno raised two issues related to self-defense. The Court found, however, that Bruno was “not entitled to a self-defense charge, because he presented no evidence that he believed he was in imminent danger of losing his life or sustaining serious bodily injury.” Bruno, 322 S.C. at 536, 473 S.E.2d at 452.

At the PCR hearing, trial counsel acknowledged that at the time of Bruno’s trial, evidence of polygraph tests was inadmissible. Nevertheless, he testified that he did not have “any explanation” for why he did not object when evidence regarding Ross taking a polygraph was admitted at trial.

The PCR court found that counsel was not ineffective for failing to object to the testimony that Ross had taken a polygraph. Specifically, the PCR court ruled that (1) the two references were isolated comments; (2) counsel would have further focused the jury’s attention to the comments if he had' objected, and therefore, it was valid strategy to not object; and (3) even if counsel was deficient in failing to object, there was no prejudice to Bruno since the testimony was so ambiguous.

[450]*450ISSUE

Did the PCR court err in finding counsel was not ineffective for failing to object to the testimony that Ross had taken a polygraph test?

DISCUSSION

Bruno argues that Ross’s testimony at trial was key to establishing murder, as opposed to voluntary manslaughter, since it directly contradicted Bruno’s own version of events. He further contends that the evidence about Ross taking a polygraph test was prejudicial because it provided improper corroboration for Ross’s version of events.

The burden is on the applicant in a PCR proceeding to prove the allegations in his application. E.g., Butler v. State, 286 S.C. 441, 334 S.E.2d 813 (1985), cert. denied, 474 U.S. 1094, 106 S.Ct. 869, 88 L.Ed.2d 908 (1986). To establish a claim of ineffective assistance of trial counsel, a PCR applicant must show that: (1) counsel’s representation fell below an objective standard of reasonableness and, (2) but for counsel’s errors, there is a reasonable probability the result at trial would have been different. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Johnson v. State, 325 S.C. 182, 480 S.E.2d 733 (1997). A reasonable probability is a probability sufficient to undermine confidence in the outcome of trial. Id.

This Court must affirm the PCR court’s decision when its findings are supported by any evidence of probative value. E.g., Cherry v. State, 300 S.C. 115, 386 S.E.2d 624 (1989). However, the Court will not uphold the findings of a PCR court if no probative evidence supports those findings. Holland v. State, 322 S.C. 111, 470 S.E.2d 378 (1996).

Because trial counsel was deficient for failing to object to the polygraph evidence, we hold the PCR court erred in finding that Bruno had not met the first prong of the Strickland test.

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Bruno v. State
556 S.E.2d 393 (Supreme Court of South Carolina, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
556 S.E.2d 393, 347 S.C. 446, 2001 S.C. LEXIS 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruno-v-state-sc-2001.