(Credit: New Africa/Adobe Stock) 'It's a Sad State For Criminal Trials': Criminal Defendant Who Agreed to Proffer Agreement and Polygraph Test Didn't Receive Ineffective Assistance of Counsel, Says State Appeals Court
"It's a sad state we're in for criminal trials when the only thing a prosecution needs to convict you is your own words," defense counsel said. "I think it'll have a chilling effect on other defendants."
July 20, 2022 at 05:51 PM
4 minute read
A criminal defendant's submission to an unreliable polygraph test as part of a proffer agreement by the state does not constitute ineffective assistance, according to the Court of Appeals of South Carolina.
In a decision filed July 20, the court affirmed a post-conviction ruling by a PCR court, which determined that petitioner Theodore Willis's trial counsel was not deficient and did not prejudice his defense. Willis had taken a "proffer agreement" offered by the state, using the advice of his trial attorney.
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