Legare v. State

FINNEY, C.J.,

dissenting in separate opinion.

FINNEY, Chief Justice:

I respectfully dissent, and would affirm the grant of post-conviction relief (PCR) to respondent. In my opinion, the majority errs when it deviates from the normal deferential scope of review applied to PCR matters. We are required to áffirm the circuit court’s PCR order if it is supported by any evidence in the record. Pauling v. State, 331 S.C. 606, 503 S.E.2d 468 (1998). In my opinion, the order’s findings regarding defective representation, and especially resulting prejudice, are supported by the evidence and we should not, and properly cannot, overturn them. I would affirm.