Fortune v. South CarolinaAnnotate this Case
The State of South Carolina charged Oscar Fortune with murder and possession of a weapon during the commission of a violent crime in connection with a shooting in the parking lot of the Huddle House in Cheraw, South Carolina, on December 23, 2001. Evidence presented at trial demonstrated both Fortune and the victim, Anthony Shields, possessed and fired guns. Fortune claimed Shields shot at him first, and he shot Shields in self-defense. Among the several blatantly improper comments the prosecutor made in his closing argument to the jury in Fortune's murder trial, he claimed, "My job is to present the truth," and said, "if you look in the . . . Code of Laws . . . [, I] have to say what the truth is." "On the other hand," the prosecutor told the jury, "the defense attorneys' jobs are to manipulate the truth. Their job is to shroud the truth. Their job is [to] confuse jurors. Their job is to do whatever they have to -- without regard for the truth." The prosecutor explained that if he—the prosecutor— believes "somebody else did the crime," then he must "dismiss it." "And [if] I know the person has done something that I think the facts show they're guilty of, then I can't [dismiss] it. I have to go forward with it." The jury found Fortune guilty of murder and possession of a weapon during the commission of a violent crime. The trial court sentenced Fortune to concurrent prison terms of thirty-seven years for murder and five years for possession of a weapon during the commission of a violent crime. Fortune filed an application for post-conviction relief ("PCR"), alleging his trial counsel was ineffective for failing to request a curative instruction and for failing to move for a mistrial after the assistant solicitor's statements in closing argument. Fortune also claimed the assistant solicitor's misconduct violated his right to due process and his right to counsel. The South Carolina Supreme Court found the prosecutor's improper remarks violated Fortune's rights under the Due Process Clause, and reversed the denial of PCR, and remanded to the court of general sessions for a new trial.