Silvester Desmond Scott a/k/a Sylvester Desmond Scott v. Warden of Kershaw Correctional Institution

Summary

This Report and Recommendation addresses a state prisoner’s 28 U.S.C. § 2254 petition challenging his conviction based on ineffective assistance of trial counsel. The magistrate judge concludes that counsel adequately investigated and prepared the alibi witness and that the state post-conviction court reasonably applied Strickland v. Washington. The recommendation is that the respondent’s motion for summary judgment be granted and the petition dismissed with prejudice.

Holdings

1. The state PCR court reasonably concluded that counsel and the defense investigator investigated and prepared the alibi witness and that counsel's performance was not deficient under Strickland.
2. Federal habeas relief was unavailable because the PCR court's rejection of Scott's ineffective-assistance claim was neither contrary to nor an unreasonable application of clearly established federal law and was not based on an unreasonable determination of the facts.
3. Scott failed to establish the prejudice required for relief on his ineffective-assistance claim.

Questions Presented

1. Whether the state PCR court's rejection of Scott's ineffective-assistance claim was contrary to, or an unreasonable application of, clearly established Supreme Court precedent under 28 U.S.C. § 2254(d).
2. Whether trial counsel performed deficiently by failing to prepare the alibi witness adequately for cross-examination.
3. Whether Scott demonstrated prejudice in connection with his Alford plea under Strickland and Hill.

Disposition

other