Gallman v. State

Gregory, Chief Justice,

dissenting:

I respectfully dissent. As the majority points out, petitioner has the burden of proving not only deficient representation by counsel, but a reasonable probability the result of the trial would have been different. Martinez v. State, 304 S.C. 39, 403 S.E. (2d) 113 (1991); Butler v. State, 286 S.C. 441, 334 S.E. (2d) 813 (1985). It is well-settled an applicant for PCR must demonstrate the alleged error was prejudicial in order to be entitled to relief. Curtis v. State, — S.C. —, 407 S.E. (2d) 643 (1991); Daniel v. State, 282 S.C. 155, 317 S.E. (2d) 746 (1984). The record in this case is devoid of any evidence of prejudice. The majority’s conclusion there is a reasonable probability the result of the trial would have been different is totally without support. I agree with the PCR judge’s finding petitioner failed to meet his burden of proof and would affirm.