Briggs v. South Carolina

In 2010, South Carolina indicted Anthony Briggs for criminal sexual conduct with a minor in the first degree and lewd act upon a child. The victim testified Briggs touched her "private" with his "private" and with his mouth, and the jury watched video of two forensic interviews in which the victim explained what happened. Using a special interrogatory verdict form, the jury found Briggs performed "anal intercourse," "cunnilingus," and "other intrusion" on the victim. The trial court sentenced Briggs to life in prison. The court of appeals affirmed. Briggs then filed this action for post-conviction relief (PCR). He claimed, among other things, his trial counsel was ineffective in permitting the forensic interviewer to give opinion testimony that she believed the victim's accusations to be true. The PCR court granted relief, vacated the convictions, and remanded to the court of general sessions for a new trial. Finding no reversible error in that ruling, the South Carolina Supreme Court affirmed. View "Briggs v. South Carolina" on Justia Law