Our Supreme Court, in a case in which the point was not in issue, noted that "a plea of nolo contendere cannot be used as an admission against defendant in civil litigation." Kibler v.State, 267 S.C. 250, 254 n. 1, 227 S.E.2d 199, 201 n. 1 (1976) citing 21 Am. Jur. 2d Criminal Law § 497. See also Fed.R. Evd. 410 (federal rules of evidence prohibit the use of nolo contendere pleas in any civil or criminal proceeding against the defendant who made the plea, with limited exceptions).

State v. Munsch, 338 S.E.2d 329, 330 (S.C. 1985); Kibler v. State, 227 S.E.2d 199 (S.C. 1976); S.C. Code Ann. § 17-23-40 (1976). ‘Like a guilty plea, a plea of nolo contendere leaves open for review only the sufficiency of the indictment and waives all other defenses.'

This is the case even though plaintiff pleaded nolo contendre instead of guilty to the charges. See Kibler v. State, 227 S.E.2d 199 (S.C. 1976) and authorities cited in Magistrate's Report. Finally, the plaintiff alleges in her objections that the Magistrate Judge erroneously recommended that her state law claims be struck based upon the language in the consent order transferring the case.

"A plea of nolo contendre literally interpreted means `I do not wish to contend.' For all practical purposes it is a plea of guilty in so far as the consequences in the particular case in which it is pled." Kibler v.State, 267 S.C. 250, 254, 227 S.E.2d 199, 201 (1976). South Carolina courts have recognized there are collateral benefits to a plea of no contest and such a plea cannot be used as an admission of guilt against a defendant in civil litigation.

We agree. A plea of nolo contendere is for all practical purposes treated as a guilty plea. Kibler v. State, 267 S.C. 250, 227 S.E.2d 199 (1976); State v.Munsch, 287 S.C. 313, 38 S.E.2d 329 (1985). A defendant who pleads guilty on the advice of counsel may collaterally attack the plea only by showing that (1) counsel was ineffective and (2) there is a reasonable probability that but for counsel's errors, the defendant would not have pled guilty. Wolfev.State, 326 S.C. 158, 485 S.E.2d 367 (1997); Satterwhite v.State, 325 S.C. 254, 481 S.E.2d 709 (1997).

We agree. A plea of nolo contendere is for all practical purposes treated as a guilty plea. Kibler v. State, 267 S.C. 250, 227 S.E.2d 199 (1976); State v. Munsch, 287 S.C. 313, 338 S.E.2d 329 (1985). In his order granting PCR, the PCR judge stated that "[w]hen the official policy of the department of corrections, an arm of the state, is to punish an inmate until his case is ended, the inmate is pressured to end the case as quickly as possible.

Failure to conduct an independent investigation does not constitute ineffective assistance of counsel when the allegation is supported only by mere speculation as to the result. Kiblerv. State, 267 S.C. 250, 227 S.E.2d 199 (1976). There is nothing in the record to indicate that interviewing the victims would have led to any different result.

Respondent presented no witnesses or any specific testimony establishing he would have had a defense if he had had additional time to prepare for trial. See Skeen v. State, 325 S.C. 210, 481 S.E.2d 129 (1997) (where PCR applicant fails to establish what evidence he could have procured had counsel moved for a continuance, he fails to establish how he was prejudiced by counsel's incomplete preparation); State v. Kibler, 267 S.C. 250, 227 S.E.2d 199 (1976) (Court will not speculate concerning what might have occurred if counsel had conducted further investigation). Furthermore, respondent never indicated had counsel's performance not been deficient, he would not have pled guilty but would have insisted upon going to trial.

We affirm. A plea of nolo contendere is for all practical purposes a plea of guilty in the case in which it is pled. Kibler v.State, 267 S.C. 250, 227 S.E.2d 199 (1976); S.C. Code Ann. § 17-23-40 (1976). Guilty pleas act as a waiver of all non-jurisdictional defects and defenses.

Chapmanv. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967); Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970); United States v. DeCoster, 624 F.2d 196 (D.C. Cir. 1976); Wood v. Zahradnick, 578 F.2d 980 (4th Cir. 1978); Cooper v. Fitzharris, 586 F.2d 1325 (9th Cir. 1978); Davis v.Alabama, 596 F.2d 1214 (5th Cir. 1979). See also State v.Pendergrass, 270 S.C. 1,239 S.E.2d 750 (1977) (deficiency of counsel not responsible for conviction); Kibler v. State, 267 S.C. 250, 227 S.E.2d 199 (1976) (Court will not speculate concerning what might have occurred if counsel had conducted further investigation); Myers v. State, 248 S.C. 539, 151 S.E.2d 665 (1966) (counsel not ineffective where no showing was made that witnesses he failed to call would have been of assistance to appellant). We find appellant has failed to meet his burden of showing counsel's statement prejudiced him.