Supreme Court of South Carolina

Clarence D. Speaks, Jr., Respondent v. State of South Carolina, Petitioner

April 14, 2008377 S.C. 396

Summary

The South Carolina Supreme Court reversed the post‑conviction relief court’s finding that trial counsel was ineffective for failing to request an identification instruction, holding that identification was not an integral issue and that the trial court’s credibility instruction was sufficient. The Court reasoned that the record showed no evidence of error and distinguished prior cases where such instructions were required. Justice Pleicones dissented, arguing that the identification issue was central and that the PCR court’s finding should be upheld.