Bannister v. State , 333 S.C. 298 ( 1998 )

FINNEY, C.J.,

dissenting in separate opinion.

FINNEY, Chief Justice:

I respectfully dissent, and would affirm the grant of post-conviction relief (PCR) to respondent. We are required to affirm the circuit court’s PCR order if it is supported by any evidence in the record. Pauling v. State, 331 S.C. 606, 503 S.E.2d 468 (1998). Where, as in this case, there was no objection to respondent’s testimony nor a motion to strike it, his testimony was rendered competent and the judge was entitled to consider it to the extent it was relevant. State v. Frank, 262 S.C. 526, 205 S.E.2d 827 (1974); see also Glover v. State, 318 S.C. 496, 458 S.E.2d 538 (1995) (Waller, A.J., dissenting). In my opinion, the order’s findings regarding defective representation and resulting prejudice are supported by the evidence. I would affirm.