Monahan v. State ( 2016 )

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
Drew John Monahan, Petitioner,
v.
State of South Carolina, Respondent.
Appellate Case No. 2011-202769
Appeal From Greenville County
Edward W. Miller, Post-Conviction Relief Judge
C. Victor Pyle, Jr., Trial Judge
Unpublished Opinion No. 2016-UP-032
Submitted November 1, 2015 – Filed January 20, 2016
AFFIRMED
Appellate Defender Susan Barber Hackett, of Columbia,
for Petitioner.
Attorney General Alan McCrory Wilson and Assistant
Attorney General Karen Christine Ratigan, both of
Columbia, for Respondent.
PER CURIAM: Drew John Monahan appeals the denial of post-conviction relief
(PCR) from his convictions for murder and second-degree arson, arguing the PCR
court erred in finding trial counsel was not ineffective for allowing Monahan to
appear at trial dressed in a prison jumpsuit and shackles. We affirm pursuant to
Rule 220(b), SCACR, and the following authorities: McKnight v. State, 378 S.C.
33, 40, 661 S.E.2d 354, 357 (2008) ("In reviewing the PCR court's decision, [the
appellate court] is concerned only with whether any evidence of probative value
exists to support the decision."); Strickland v. Washington, 466 U.S. 668, 692
(1984) (stating to establish a claim of ineffective assistance of counsel, a PCR
applicant must prove counsel's performance was deficient, and the deficient
performance prejudiced the applicant's case); id. at 694 (stating to show prejudice,
the applicant must show that but for counsel's errors, there is a reasonable
probability the result of the trial would have been different); Watson v. State, 370
S.C. 68, 72, 634 S.E.2d 642, 644 (2006) ("[W]here counsel articulates a valid
reason for employing a certain strategy, such conduct will not be deemed
ineffective assistance of counsel."); Humbert v. State, 345 S.C. 332, 337 n.4, 548
S.E.2d 862, 865 n.4 (2001) ("The defendant's appearance at trial dressed in jail
clothing is not automatically reversible error. There may be situations where, as a
matter of trial strategy, counsel decides jail attire benefits the defense.");
Strickland, 466 U.S. at 700 ("Failure to make the required showing of either
deficient performance or sufficient prejudice defeats the ineffectiveness claim.");
id. at 697 ("[T]here is no reason for a court deciding an ineffective assistance claim
to approach the inquiry in the same order or even to address both components of
the inquiry if the defendant makes an insufficient showing on one.").
AFFIRMED.1
SHORT, GEATHERS, and MCDONALD, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.