structural error in South Carolina

2017Cottrell characterizes the trial judge’s removal of his counsel as arbitrary and unsupported by any basis in the record, citing to United States v. Gonzales-Lopez, 548 U.S. 140, 147-48 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (2006), for the proposition that the removal of his attorneys was a structural error under the Sixth Amendment.

2017Cottrell characterizes the trial judge’s removal of his counsel as arbitrary and unsupported by any basis in the record, citing to United States v. Gonzales-Lopez, 548 U.S. 140, 147-48 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (2006), for the proposition that the removal of his attorneys was a structural error under the Sixth Amendment.

2025However, structural errors are those constitutional errors that "should not be deemed harmless beyond a reasonable doubt." Weaver, 582 U.S. at 294. "[T]he defining feature of a structural error is that it 'affects the framework within which the trial proceeds' rather than being 'simply an error in the trial process itself.'" Id. at 295 (quoting Fulminante, 499 U.S. at 310 ) (alterations omitted)).

2025However, structural errors are those constitutional errors that "should not be deemed harmless beyond a reasonable doubt." Weaver, 582 U.S. at 294. "[T]he defining feature of a structural error is that it 'affects the framework within which the trial proceeds' rather than being 'simply an error in the trial process itself.'" Id. at 295 (quoting Fulminante, 499 U.S. at 310 ) (alterations omitted)).

2025However, structural errors are those constitutional errors that "should not be deemed harmless beyond a reasonable doubt." Weaver, 582 U.S. at 294. "[T]he defining feature of a structural error is that it 'affects the framework within which the trial proceeds' rather than being 'simply an error in the trial process itself.'" Id. at 295 (quoting Fulminante, 499 U.S. at 310 ) (alterations omitted)).

2025"For the same reason, a structural error 'defies analysis by harmless error standards.'" Id. (quoting Fulminante, 499 U.S. at 309 (alterations omitted)).

2025He contends counsel was deficient and he did not need to prove prejudice because this was a structural error pursuant to State v. Rivera, 402 S.C. 225 , 741 S.E.2d 694 (2013).

2025First, we acknowledge Rivera's holding that a trial court's improper refusal to permit a defendant to testify is a structural error. 402 S.C. at 247 , 741 S.E.2d at 706 .

2025Va. 2023) ("Weaver forecloses Carter's argument that the denial of his right to testify was structural error and not subject to a prejudice analysis."), appeal dismissed, No. 23-6382, 2023 WL 7128469 (4th Cir. June 9, 2023); Cabrera v. State, 173 A.3d 1012, 1022-23 (Del. 2017) (applying Weaver and holding the defendant's ineffective assistance of counsel claim based on a Batson violation—a structural error—"was properly dismissed for failure to show prejudice"); Newton v. State, 168 A.3d 1, 10 (Md. 2017) (applying Weaver to a defendant's claim that "The prejudice showing is in most cases a nec

2025Ct. App.1991) ("Although a defendant who chooses to testify may actually decrease his or her chance of acquittal, nonetheless, 'the wisdom or unwisdom of the defendant's choice does not diminish his right to make it.'" (quoting People v. Curtis, 681 P.2d 504, 513 (Colo. 1984))); Rock v. Arkansas, 483 U.S. 44, 52 (1987) (stating "an accused's right to present his own version of events in his own words" is "fundamental to a personal defense" (emphasis added)).

2025These important differences between direct appellate review and collateral review "justify a different standard for evaluating a structural error depending on whether it is raised on direct review or raised instead in a claim alleging ineffective assistance of counsel." Id. at 303. "[T]he rules governing ineffective-assistance claims 'must be applied with scrupulous care.'" Id. (quoting Premo v. Moore, 562 U.S. 115, 122 (2011)).

2025Accordingly, in an ineffective-assistance claim, even when a defendant raises a structural error, "the defendant generally bears the burden to show deficient performance and that the attorney's error 'prejudiced the defense.'" Id. at 287 (quoting Strickland, 466 U.S. at 687 ); see also id. at 309 (Alito, J., concurring) ("Weaver's theory conflicts with Strickland because it implies that an attorney's error can be prejudicial even if it 'had no effect,' or only 'some conceivable effect,' on the outcome of his trial.

2025Ct. App.1991) ("Although a defendant who chooses to testify may actually decrease his or her chance of acquittal, nonetheless, 'the wisdom or unwisdom of the defendant's choice does not diminish his right to make it.'" (quoting People v. Curtis, 681 P.2d 504, 513 (Colo. 1984))); Rock v. Arkansas, 483 U.S. 44, 52 (1987) (stating "an accused's right to present his own version of events in his own words" is "fundamental to a personal defense" (emphasis added)).

2025A structural error results in "fundamental unfairness" because "[s]uch errors 'infect the entire trial process'" such that the trial becomes an "unreliable vehicle for determining guilt or innocence." Neder v. United States, 527 U.S. 1, 8-9 (1999) (quoting Brecht v. Abrahamson, 507 U.S. 619, 630 (1993)).

2025First, the right to testify in one's defense "is not designed to protect the defendant from erroneous conviction" but rather is "based on the fundamental legal principle that a defendant must be allowed to make his own choices about the proper way to protect his own liberty." Id. at 295; see also Mccoy v. Louisiana, 584 U.S. 414 , 427-28 (2018) (finding "counsel's admission of a client's guilt over the client's express objection" was a structural error falling under the first and second Weaver categories because it impacted "the defendant's right to make the fundamental choices about his own d

2025A structural error results in "fundamental unfairness" because "[s]uch errors 'infect the entire trial process'" such that the trial becomes an "unreliable vehicle for determining guilt or innocence." Neder v. United States, 527 U.S. 1, 8-9 (1999) (quoting Brecht v. Abrahamson, 507 U.S. 619, 630 (1993)).

2025"Thus, in the case of a structural error where there is an objection at trial and the issue is raised on direct appeal, the defendant generally is entitled to 'automatic reversal' regardless of the error's actual 'effect on the outcome.'" Id. (quoting Neder, 527 U.S. at 7 ).

2025First, the right to testify in one's defense "is not designed to protect the defendant from erroneous conviction" but rather is "based on the fundamental legal principle that a defendant must be allowed to make his own choices about the proper way to protect his own liberty." Id. at 295; see also Mccoy v. Louisiana, 584 U.S. 414 , 427-28 (2018) (finding "counsel's admission of a client's guilt over the client's express objection" was a structural error falling under the first and second Weaver categories because it impacted "the defendant's right to make the fundamental choices about his own d

2025Va. 2023) ("Weaver forecloses Carter's argument that the denial of his right to testify was structural error and not subject to a prejudice analysis."), appeal dismissed, No. 23-6382, 2023 WL 7128469 (4th Cir. June 9, 2023); Cabrera v. State, 173 A.3d 1012, 1022-23 (Del. 2017) (applying Weaver and holding the defendant's ineffective assistance of counsel claim based on a Batson violation—a structural error—"was properly dismissed for failure to show prejudice"); Newton v. State, 168 A.3d 1, 10 (Md. 2017) (applying Weaver to a defendant's claim that "The prejudice showing is in most cases a nec

2025First, the right to testify in one's defense "is not designed to protect the defendant from erroneous conviction" but rather is "based on the fundamental legal principle that a defendant must be allowed to make his own choices about the proper way to protect his own liberty." Id. at 295; see also Mccoy v. Louisiana, 584 U.S. 414 , 427-28 (2018) (finding "counsel's admission of a client's guilt over the client's express objection" was a structural error falling under the first and second Weaver categories because it impacted "the defendant's right to make the fundamental choices about his own d

2025See United States v. Gonzalez-Lopez, 548 U.S. 140, 147 (2006) ("Counsel cannot be 'ineffective' unless his mistakes have harmed the defense (or, at least, unless it is reasonably likely that they have)."); id. ("Thus, a violation of the Sixth Amendment right to effective representation is not 'complete' until the defendant is prejudiced."); see also Hartsfield v. Dorethy, 949 F.3d 307 , 314 (7th Cir. 2020) ("The Supreme Court's recent precedents are not to the contrary; in fact, they too draw a distinction between a court's denial of a defendant's constitutional right and counsel's denial of t

2023See LaSalle Bank Nat'l Ass'n v. Davidson, 386 S.C. 276 , 280, 688 S.E.2d 121 , 123 (2009) ("The law recognizes two kinds of errors: trial errors and structural defects."); id. ("The former are subject to 'harmless error' analysis while the latter are not."); id. ("[Trial errors] occur during the presentation of the case to the jury, and may therefore be quantitatively assessed in the context of other evidence presented in order to determine whether its admission was harmless beyond a reasonable doubt." (alterations in original) (quoting State v. Mouzon, 326 S.C. 199, 204 , 485 S.E.2d 918, 921

2023See LaSalle Bank Nat'l Ass'n v. Davidson, 386 S.C. 276 , 280, 688 S.E.2d 121 , 123 (2009) ("The law recognizes two kinds of errors: trial errors and structural defects."); id. ("The former are subject to 'harmless error' analysis while the latter are not."); id. ("[Trial errors] occur during the presentation of the case to the jury, and may therefore be quantitatively assessed in the context of other evidence presented in order to determine whether its admission was harmless beyond a reasonable doubt." (alterations in original) (quoting State v. Mouzon, 326 S.C. 199, 204 , 485 S.E.2d 918, 921

2023See LaSalle Bank Nat'l Ass'n v. Davidson, 386 S.C. 276 , 280, 688 S.E.2d 121 , 123 (2009) ("The law recognizes two kinds of errors: trial errors and structural defects."); id. ("The former are subject to 'harmless error' analysis while the latter are not."); id. ("[Trial errors] occur during the presentation of the case to the jury, and may therefore be quantitatively assessed in the context of other evidence presented in order to determine whether its admission was harmless beyond a reasonable doubt." (alterations in original) (quoting State v. Mouzon, 326 S.C. 199, 204 , 485 S.E.2d 918, 921

2023See LaSalle Bank Nat'l Ass'n v. Davidson, 386 S.C. 276 , 280, 688 S.E.2d 121 , 123 (2009) ("The law recognizes two kinds of errors: trial errors and structural defects."); id. ("The former are subject to 'harmless error' analysis while the latter are not."); id. ("[Trial errors] occur during the presentation of the case to the jury, and may therefore be quantitatively assessed in the context of other evidence presented in order to determine whether its admission was harmless beyond a reasonable doubt." (alterations in original) (quoting State v. Mouzon, 326 S.C. 199, 204 , 485 S.E.2d 918, 921

2023"A criminal defendant is guaranteed the right to effective assistance of counsel under the Sixth Amendment to the United States Constitution." Taylor v. State, 404 S.C. 350, 359 , 745 S.E.2d 97, 101 (2013) (citing U.S. Const. amend.

2023"A criminal defendant is guaranteed the right to effective assistance of counsel under the Sixth Amendment to the United States Constitution." Taylor v. State, 404 S.C. 350, 359 , 745 S.E.2d 97, 101 (2013) (citing U.S. Const. amend.

2023See LaSalle Bank Nat'l Ass'n v. Davidson, 386 S.C. 276 , 280, 688 S.E.2d 121 , 123 (2009) ("The law recognizes two kinds of errors: trial errors and structural defects."); id. ("The former are subject to 'harmless error' analysis while the latter are not."); id. ("[Trial errors] occur during the presentation of the case to the jury, and may therefore be quantitatively assessed in the context of other evidence presented in order to determine whether its admission was harmless beyond a reasonable doubt." (alterations in original) (quoting State v. Mouzon, 326 S.C. 199, 204 , 485 S.E.2d 918, 921

2023See LaSalle Bank Nat'l Ass'n v. Davidson, 386 S.C. 276 , 280, 688 S.E.2d 121 , 123 (2009) ("The law recognizes two kinds of errors: trial errors and structural defects."); id. ("The former are subject to 'harmless error' analysis while the latter are not."); id. ("[Trial errors] occur during the presentation of the case to the jury, and may therefore be quantitatively assessed in the context of other evidence presented in order to determine whether its admission was harmless beyond a reasonable doubt." (alterations in original) (quoting State v. Mouzon, 326 S.C. 199, 204 , 485 S.E.2d 918, 921

2022See Pruitt v. State, 310 S.C. 254 , 255 n.2, 423 S.E.2d 127 , 128 n.2 (1992) (holding in order to be preserved for appellate review, "issues must be raised to, and ruled on by, the [PCR court]").

2022See Pruitt v. State, 310 S.C. 254 , 255 n.2, 423 S.E.2d 127 , 128 n.2 (1992) (holding in order to be preserved for appellate review, "issues must be raised to, and ruled on by, the [PCR court]").

2021For example, in People v. Carter, New York's highest court upheld various drug convictions after the parties discovered the prosecutor was an unlicensed attorney who had been masquerading as a lawyer for many years. 566 N.E.2d 119, 123 (1990).

1995Id.; see also Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed. (2d) 799 (1963) (total deprivation of the right to counsel at trial); Tumey v. Ohio, 273 U.S. 510 , 47 S.Ct. 437 , 71 L.Ed. (2d) 749 (1927) (trial judge not impartial).

1995Id.; see also Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed. (2d) 799 (1963) (total deprivation of the right to counsel at trial); Tumey v. Ohio, 273 U.S. 510 , 47 S.Ct. 437 , 71 L.Ed. (2d) 749 (1927) (trial judge not impartial).