Sexually Violent Predators and Ineffective Assistance of Counsel

In re Chapman, No. 27705, 2017 S.C. LEXIS 29 (Feb. 15, 2017)

The South Carolina Supreme Court rules that a person has a due process right to effective assistance of counsel during civil commitment proceedings for sexually violent predators, but that a claim contesting such commitment due to ineffective assistance of counsel must be raised in a habeas corpus petition as South Carolina statutory law does not provide for making such a claim on direct appeal.

Found in DMHL Volume 36, Issue 1