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Butler v. State

Supreme Court of South Carolina
Jun 20, 1990
302 S.C. 466 (S.C. 1990)

Summary

holding that a mentally retarded defendant was entitled to habeas corpus relief where coercive comments made by the trial judge violated the defendant's fifth amendment right

Summary of this case from Williams v. Ozmint

Opinion

June 20, 1990.


June 20, 1990.

ORDER

Petitioner, a death row inmate, seeks a writ of habeas corpus. After careful consideration of the important issues raised by his petition, and in light of the unique circumstances involved in this matter, we grant the writ.

Petitioner's conviction and sentence were affirmed on direct appeal. State v. Butler, 277 S.C. 452, 290 S.E.2d 1 (1982), cert. denied, 459 U.S. 932, 103 S.Ct. 242, 74 L.Ed.2d 191 (1983). Three years later we affirmed the denial of petitioner's request for post-conviction relief. Butler v. State, 286 S.C. 441, 334 S.E.2d 813 (1985), cert. denied, 474 U.S. 1094, 106 S.Ct. 869, 88 L.Ed.2d 908 (1986). Petitioner has now exhausted his federal reviews.

Three and one-half years after petitioner's direct appeal was affirmed, and approximately one and a half months after the decision in Butler v. State, this Court issued its opinion in State v. Gunter, 286 S.C. 556, 335 S.E.2d 542 (1985). In Gunter we held the trial judge violated the defendant's fifth amendment rights by coercing him to take the witness stand in his defense. We deplored the judge's warning that even though he would charge the jury they could not consider the defendant's failure to testify, the jury would most likely ignore this instruction.

Subsequently, two capital cases raising this issue came before us. In State v. Pierce, 289 S.C. 430, 346 S.E.2d 707 (1986), and State v. Cooper, 291 S.C. 332, 353 S.E.2d 441 (1986), the same trial judge made similar comments to each defendant. Both defendants had chosen not to testify, and neither was swayed by the judge's comments. The State argued, therefore, that any error was harmless since the defendants were not prejudiced. We rejected the suggestion that these types of comments could ever constitute harmless error, noting, "The comments by the judge were erroneous, improper and contrary to South Carolina law." State v. Pierce, 289 S.C. at 434, 346 S.E.2d at 710.

Petitioner's request for habeas corpus is based on the fact that at his trial, this same trial judge committed this identical error. If anything, the error here was more egregious since it was subsequently determined that petitioner is mentally retarded. A review of the colloquy in light of this fact (unknown to the trial judge at the time) raises serious questions whether petitioner even understood the proceedings. Cf., State v. Arthur, 296 S.C. 495, 374 S.E.2d 291 (1988) (valid waiver not established by mentally retarded defendant's bare asset to leading questions).

Some evidence of petitioner's retardation was produced at the sentencing phase of his trial; the judge's comments were made during the guilt phase. The most recent testing indicates petitioner has a Full Scale I.Q. of 61, a Verbal I.Q. of 65, and a Performance I.Q. of 61.

"The great and central office of the writ of habeas corpus is to test the legality of a prisoner's current detention." Walker v. Wainwright, 390 U.S. 335, 88 S.Ct. 962, 19 L.Ed.2d 1215 (1968). Here, petitioner seeks to take advantage of constitutional principles recognized after his trial, appeal, and exhaustion of state post-conviction relief proceedings. We caution that not every intervening decision, nor every constitutional error at trial will justify issuance of the writ. Rather, the writ will issue only under circumstances where there has been a "violation, which, in the setting, constitutes a denial of fundamental fairness shocking to the universal sense of justice." State v. Miller, 16 N.J. Super. 251, 84 A.2d 459 (1951) (emphasis added); see also Uveges v. Commonwealth of Pennsylvania, 335 U.S. 437, 69 S.Ct. 184, 93 L.Ed. 127 (1948). Although we do not condone the delay in calling this grave constitutional error to our attention, under the unique and compelling circumstances of this case we grant petitioner relief.

Accordingly, the writ of habeas corpus is granted. The matter is remanded to the Charleston County Court of General Sessions for a new trial.

It is so ordered.


Summaries of

Butler v. State

Supreme Court of South Carolina
Jun 20, 1990
302 S.C. 466 (S.C. 1990)

holding that a mentally retarded defendant was entitled to habeas corpus relief where coercive comments made by the trial judge violated the defendant's fifth amendment right

Summary of this case from Williams v. Ozmint

granting writ petition where facts involved were "shocking to the universal sense of justice"

Summary of this case from Wilson v. Moore

relying on Gunter , Pierce , and Cooper

Summary of this case from State v. Jenkins

setting forth the habeas framework, the first requirement of which is a constitutional claim

Summary of this case from Moore v. Stirling

stating a court will normally only issue a habeas writ under limited circumstances, when there has been a violation that constitutes a denial of fundamental fairness shocking to the universal sense of justice

Summary of this case from In re Chapman

In Butler, the Court granted relief in part, because, after Butler's direct appeal had been decided, the Court issued several opinions holding that a defendant's Fifth Amendment rights were violated when the trial judge coerced the defendant's decision whether to testify.

Summary of this case from McWee v. State

In Butler v. State, 302 S.C. 466, 397 S.E.2d 87 (1990), we held that not every intervening decision or constitutional error will justify the issuance of a writ of habeas corpus.

Summary of this case from Pennington v. State
Case details for

Butler v. State

Case Details

Full title:Horace BUTLER, Petitioner v. The STATE of South Carolina, Respondent

Court:Supreme Court of South Carolina

Date published: Jun 20, 1990

Citations

302 S.C. 466 (S.C. 1990)
397 S.E.2d 87

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