Ignorance May Not Be Bliss In Post Conviction Proceeding

The South Carolina Court of Appeals affirmed the denial of post conviction relief in a  trafficking in methamphetamine case on rather interesting grounds. 

The court found that the attorney had an actual conflict of interest but concluded that his credible testimony that he had failed to recognize the conflict meant that it had not affected his representation

,,,counsel should have recognized the conflict and even if he did not, the conflict could have made Gonzales less inclined to tell trial counsel he had information about Perez. However, all of the case law indicates the conflict must have adversely affected trial counsel’s performance. Gonzales cannot show this without showing trial counsel recognized the conflict. Because we are bound by the PCR court’s finding trial counsel’s testimony credible that he did not recognize the conflict, we must find trial counsel’s conflict did not adversely affect his performance. Although Shurling later procured a deal for Gonzales on another charge in turn for his testimony against Perez, because trial counsel did not know of the conflict, we cannot find the conflict was the reason he did not pursue a deal in the methamphetamine trafficking case in return for information about Perez.

Justice Short dissented

I respectfully dissent. I find Gonzales has shown the conflict of interest adversely affected trial counsel’s representation. Although I find credible trial counsel’s testimony that he zealously represented Gonzales, I find his failure to timely recognize the conflict of interest adversely affected his performance. Trial counsel portrayed Gonzales as a “very young person” unable to make responsible decisions, which should have more timely heightened counsel’s awareness to the possibility of a conflict of interest. In light of the government officials’ testimony of the far more favorable treatment Gonzales could have obtained, I find the conflict of interest adversely affected trial counsel’s performance.

(Mike Frisch)