Garren v. South Carolina

Respondent Brandon Garren pled guilty to assault and battery of a high and aggravated nature (ABHAN) and criminal domestic violence of a high and aggravated nature (CDVHAN) in connection with a series of brutal attacks on his live-in girlfriend (Victim). He was sentenced to concurrent prison terms of fifteen years and ten years, respectively. No direct appeal was taken. Garren then filed an application for post-conviction relief (PCR). The PCR court granted relief, finding plea counsel was ineffective for failing to obtain a competency evaluation prior to Garren's guilty plea and that Garren's plea was involuntary due to his use of medication. The South Carolina Supreme Court reversed, finding the record contained no evidence to support a finding that counsel's decision not to seek a competency evaluation fell below reasonable professional norms. Furthermore, the Court found the record was "utterly devoid" of any evidence that Garren had taken any medication on the day he pled guilty or that he was, as the PCR court found, "under the influence of medication which affected his ability to understand what he was doing on the day of his plea." Absent any evidence that Garren's ability to understand the guilty plea proceeding was diminished by the mind-altering effects of one or more specific medications, the Court ruled Garren failed to meet his burden of proving his plea was constitutionally infirm, and his claim failed as a matter of law. View "Garren v. South Carolina" on Justia Law