Binney v. State, 384 S.C. 539

Summary

The Supreme Court of South Carolina held that a capital defendant who alleged broad claims of ineffective assistance of counsel automatically waived the attorney-client privilege to the extent necessary for prior counsel to respond. Because the allegations encompassed nearly the entire scope of trial counsel’s obligations, the court concluded that disclosure of the entire trial file to the Attorney General’s Office was justified. The court affirmed the post-conviction relief court’s order, with one justice dissenting.

Holdings

1. Under S.C. Code Ann. § 17-27-130, the attorney-client privilege is automatically waived upon filing an application alleging ineffective assistance of prior counsel, without the need for a court order.
2. The scope of the automatic waiver under § 17-27-130 is controlled by the specific allegations in the initial PCR application and is directly proportional to the breadth of those allegations; subsequent amendments cannot narrow the waiver.
3. Binney's broad allegations that trial counsel failed to investigate the victim's death, develop all available mitigating evidence, and investigate all potential defenses effectuated a complete waiver of the attorney-client privilege with respect to the trial file.

Questions Presented

1. Whether Binney's filing of a PCR application alleging ineffective assistance of prior trial counsel automatically waived the attorney-client privilege under S.C. Code Ann. § 17-27-130.
2. Whether the scope of that waiver extended to the entire trial file given the breadth of Binney's ineffective-assistance allegations.
3. Whether trial counsel was justified in making the entire trial file available to the Attorney General's Office and whether the reviewing attorneys should be disqualified.

Disposition

affirmed