Swain v. State (Majority)Annotate this Case
After a jury trial, Defendant was convicted as an accomplice to capital murder and kidnapping. Defendant was sentenced to life without parole for the murder conviction and to a term of twenty-five years for kidnapping. The Supreme Court affirmed. Defendant then filed a petition for postconviction relief, alleging ineffective assistance of counsel and that her life sentence for capital murder was disproportionate to the crime charged. The circuit court rejected Defendant’s petition. The Supreme Court affirmed, holding (1) the circuit court did not clearly err when it concluded that Defendant received effective assistance of counsel; and (2) because Defendant failed to raise her arguments regarding her sentence at trial, she must show fundamental error, and the facts presented here did not involve a fundamental error.