King v. McFadden

1 Citing case

  1. Herrera v. McFadden

    Civil Action No. 6:15-505-MBS (D.S.C. Mar. 30, 2016)

    Therefore, Belcher cannot be applied retroactively. See King v. McFadden, No. 1:14-CV-00091-JMC, 2015 WL 5036941, at *4 (D.S.C. Aug. 26, 2015) (finding that Belcher could not be applied retroactively where petitioner did not preserve the issue in his direct appeal). The second-prong of Petitioner's argument, specifically Objections 6-7, 9-10, and 12, attempts to sidestep the bar to Belcher's retroactive application: Petitioner argues that trial counsel should have objected to the malice jury instruction based on pre-Belcher case law.