Lounds v. State, 380 S.C. 454

Summary

The Supreme Court of South Carolina held that trial counsel provided ineffective assistance by inadequately investigating and preparing the defense and by making closing-argument comments that undermined the petitioner's account. The court found a reasonable probability that these deficiencies affected the kidnapping conviction, reversed the denial of post-conviction relief, and remanded for a new trial.

Holdings

1. Trial counsel's failure to adequately prepare the defense, interview potential witnesses, and subpoena and call witnesses who could have corroborated petitioner's testimony constituted deficient performance, and petitioner established a reasonable probability that the outcome of the kidnapping trial would have been different.
2. Counsel's closing argument was improper and constituted deficient performance because it materially departed from petitioner's testimony and suggested that petitioner used or threatened force, thereby supporting the State's kidnapping theory. The argument prejudiced petitioner because there was a reasonable probability of a different result absent the improper comments.

Questions Presented

1. Whether trial counsel was ineffective for failing to adequately investigate, prepare, interview, and subpoena defense witnesses.
2. Whether trial counsel provided ineffective assistance by making closing argument comments that departed from petitioner's testimony and supported the State's kidnapping theory.

Disposition

reversed_and_remanded