Gilchrist v. State, 350 S.C. 221

565 S.E.2d 281 (2002) · Supreme Court of South Carolina · June 17, 2002 · No. No. 25481

Summary

The Supreme Court of South Carolina reviewed the denial of Ray Gilchrist's application for post-conviction relief. The court held that trial counsel was ineffective for failing to object to the State's improper vouching for a key witness's credibility during opening argument, and concluded that the error prejudiced Gilchrist because the witness's testimony was central to the conviction. The court reversed the PCR court's order denying relief.

Holdings

  1. The State improperly vouched for Ethridge's credibility during opening statement by personally assuring the jury that Ethridge was cleansed and worthy of belief and by using repeated religiously tinged references to his soul and expected testimony.
  2. Trial counsel performed deficiently by failing to object to the State's improper vouching.
  3. Gilchrist established prejudice because counsel's failure to object to the improper vouching undermined confidence in the verdict.

Questions Presented

  1. Whether trial counsel rendered ineffective assistance by failing to object to the solicitor's opening statement, which improperly vouched for the credibility of the State's key witness.
  2. Whether counsel's failure to object prejudiced Gilchrist under the Strickland standard.

Disposition

reversed

Cases Cited (8)

  • State v. Gilchrist, 329 S.C. 621, 496 S.E.2d 424 (Ct. App. 1998)(followed for factual background)
  • Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984)(followed)
  • Johnson v. State, 325 S.C. 182, 480 S.E.2d 733 (1997)(followed)
  • Stokes v. State, 308 S.C. 546, 419 S.E.2d 778 (1992)(followed)
  • Cherry v. State, 300 S.C. 115, 386 S.E.2d 624 (1989)(followed)
  • Holland v. State, 322 S.C. 111, 470 S.E.2d 378 (1996)(followed)
  • State v. Shuler, 344 S.C. 604, 545 S.E.2d 805 (2001), cert. denied, ___ U.S. ___, 122 S. Ct. 404, 151 L. Ed. 2d 306 (2001)(followed)
  • State v. Kelly, 343 S.C. 350, 540 S.E.2d 851 (2001), rev'd on other grounds, 534 U.S. 246, 122 S. Ct. 726, 151 L. Ed. 2d 670 (2002)(followed)

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