Frierson v. South CarolinaAnnotate this Case
Petitioner Darryl Frierson pled guilty to assault and battery of a high and aggravated nature, criminal conspiracy, kidnapping, and armed robbery for his role in masterminding a $9.8 million heist from an armored truck. He was sentenced to an aggregate term of thirty-five years in prison. He applied for post-conviction relief (PCR), asserting he would not have pled guilty but instead would have proceeded to trial had his plea counsel adequately informed him of the possibility to suppress evidence gathered from law enforcement's warrantless placement of a mobile tracking device on his vehicle. The PCR court denied relief, and the court of appeals affirmed. The South Carolina Supreme Court determined the appellate court erred in its application of the standard of review, but corretly deferred to the OCR court's findings. Therefore, the Supreme Court affirmed as modified and took the opportunity to clarify the correct standard to determine prejudice when a defendant seeks PCR after pleading guilty.