Mitchell v. State
This text of Mitchell v. State (Mitchell 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.
Opinion
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Supreme Court
Mekiel Mitchell, Petitioner,
v.
State of South Carolina, Respondent.
Appeal from Charleston County
James E. Lockemy, Circuit Court Judge
ON WRIT OF CERTIORARI
Memorandum Opinion No. 2005-MO-038
Submitted May 18, 2005 - Filed August 15, 2005
AFFIRMED
Assistant Appellate Defender Eleanor Duffy Cleary, of South Carolina Office of Appellate Defense, of Columbia, for petitioner.
Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief of Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, and Assistant Attorney General David A. Spencer, all of Columbia, for respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authority: Florida v. Nixon, 534 U.S. ___, 125 S.Ct. 868 (2005) (no presumption of prejudice); Strickland v. Washington, 466 U.S. 648 (1984) (PCR applicant must show reasonable probability that result of trial would have been different); State v. Franklin, 299 S.C. 133, 382 S.E.2d 911 (1989) (no mere presence charge where evidence does not support it).
TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.
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