Martin v. South Carolina

Petitioner Anthony Martin was convicted of armed robbery and criminal conspiracy in Aiken County, South Carolina. Petitioner alleged in his PCR application that his trial attorneys were ineffective for failing to elicit testimony from Petitioner's mother regarding the specific timeline of Petitioner's purported alibi: Petitioner contended he was in Atlanta, Georgia, at the time of the robbery in South Carolina. Relief was denied because Petitioner failed to present his mother's testimony at the PCR hearing regarding the alibi defense. Ordinarily, the absence of a purported alibi witness's testimony is fatal, but in this case, counsel admitted they were aware of the specific timeline furnished by the mother, yet failed to introduce it. That testimony, if presented and believed, would have made it impossible for Petitioner to be in Aiken County at the time of the robbery. The South Carolina Supreme Court therefore granted post-conviction relief and remanded for a new trial. View "Martin v. South Carolina" on Justia Law