Council v. State
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Summary

The South Carolina Supreme Court upheld postconviction relief granting a new penalty hearing, finding counsel ineffective for not presenting mitigating evidence of schizophrenia, brain dysfunction, and a traumatic upbringing.

2008 | State Juristiction

Council v. State

Keywords postconviction relief; new penalty hearing; ineffective counsel; mitigating evidence; schizophrenia; brain dysfunction; traumatic upbringing
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Summary

The South Carolina Supreme Court affirmed the grant of postconviction relief. This ruling led to a new penalty hearing. The Court determined that legal counsel was ineffective. This ineffectiveness stemmed from the failure to present mitigating evidence. This evidence included diagnoses of schizophrenia, indicators of brain dysfunction, and a history of traumatic early life experiences.

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Summary

The South Carolina Supreme Court affirmed the grant of postconviction relief, ordering a new penalty hearing. The Court determined that legal counsel was ineffective. This ineffectiveness stemmed from the failure to present mitigating evidence during the original sentencing. The mitigating factors included the defendant's schizophrenia, brain dysfunction, and a history of traumatic experiences during childhood.

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Summary

The South Carolina Supreme Court affirmed the decision to grant a new sentencing hearing. This ruling was based on the finding that legal counsel was ineffective. The attorneys failed to present evidence about the defendant's schizophrenia, brain dysfunction, and difficult childhood, which could have been used to argue for a lesser sentence.

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Summary

The highest court in South Carolina said a man could have a new chance to show why he should not get the death penalty. His lawyer did not share important information about him. This information included that the man had a serious mental illness called schizophrenia. It also included that his brain did not work as it should. Lastly, the lawyer did not share that the man had a very hard childhood.

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Footnotes and Citation

Cite

Council v. State, 380 S.C. 159 (2008)

Highlights