State v. Torrence

Decision Date20 September 1994
Docket NumberNo. 24464,24464
Citation322 S.C. 475,473 S.E.2d 703
PartiesThe STATE, Respondent, v. Michael Rian TORRENCE, Appellant. Opinion . Heard
CourtSouth Carolina Supreme Court

Chief Deputy Attorney Joseph L. Savitz, III, of South Carolina Carolina Office of Appellate Defense, Columbia, for Appellant.

Attorney General Charles Molony Condon, Chief Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General Harold M. Coombs, Jr., Assistant Attorney General William Edgar Salter, III, Columbia; and Solicitor Donald V. Myers, Lexington, for Respondent.

John D. Elliott, Columbia, amicus curiae.

WALLER, Justice:

Appellant, Michael Rian Torrence, was convicted of armed robbery, burglary, and two counts of murder. He was sentenced to death for one of the counts of murder. This Court affirmed his convictions but reversed the sentence of death and remanded for a new sentencing proceeding. State v. Torrence, 305 S.C. 45, 406 S.E.2d 315 (1991) (Torrence I ). Torrence was resentenced to death, and an appeal was filed by counsel on Torrence's behalf. In response, Torrence advised this Court he did not wish to appeal his sentence and requested his appeal be dismissed.

On September 20, 1994, we conducted a hearing to ascertain the voluntariness of Torrence's desire to waive his appeal, and to assess his competency to do so. Torrence personally addressed the Court and advised his decision was based on the practical consideration that, even assuming a reversible error on appeal, he would face a resentencing trial at which he would, at best, receive a life sentence. He repeatedly stressed that, as between spending the remainder of his life in prison, 1 or being sentenced to death, he would choose death. Throughout the hearing, Torrence presented a very rational, coherent, and competent individual. He exhibited no symptoms which called into question his ability to make a knowing, voluntary waiver of his right of appellate review. Notwithstanding the adequacy of Torrence's responses, and out of an abundance of caution, we remanded to the circuit court for a competency hearing and development of a full record. See State v. Torrence, 317 S.C. 45, 451 S.E.2d 883 (1994) (Torrence II ).

A hearing was held and the circuit court issued an order on February 26, 1996 finding both that Torrence was competent and that his decision to waive his appeal was knowing, intelligent, and voluntary. The amicus curiae appointed by the circuit court appeals this order. In response, Torrence moves to dismiss the appeal.

Our purpose in remanding for a competency hearing was to ensure development of a full record and the availability of adequate information, upon which this Court could ascertain Torrence's competency to waive his right of appellate review. As our remand was simply for fact-finding purposes to benefit this Court, we find that no appeal lies from the order. 2 Accordingly, the appeal of the competency order is hereby dismissed.

We must next determine whether Torrence may waive the direct appeal filed by his attorneys. In Torrence II, we noted that a capital defendant may, constitutionally, waive the right of general appeal so long as we first determine the defendant is competent and his decision is knowing and voluntary. 317 S.C. at 45, 451 S.E.2d at 883. See also Whitmore v. Arkansas, 495 U.S. 149, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990); Gilmore v. Utah, 429 U.S. 1012, 97 S.Ct. 436, 50 L.Ed.2d 632, reh'g denied, 429 U.S. 1030, 97 S.Ct. 655, 50 L.Ed.2d 636 (1976); State v. Dodd, 120 Wash.2d 1, 838 P.2d 86 (1992); Cole v. State, 101 Nev. 585, 707 P.2d 545 (1985); Judy v. State, 275 Ind. 145, 416 N.E.2d 95 (1981). We have thoroughly reviewed the transcript of the competency hearing, as well as the transcript of the prior proceedings before this Court. Having done so, it is, in our view, inescapable that Torrence is competent and very well comprehends his circumstances, such that his waiver is knowing and voluntary.

At the fact finding hearing, the State presented the testimony of two experts from the Department of Mental Health. The first, Dr. Behrmann, reviewed medical and psychological records on Torrence, reports from various correctional institutions to which Torrence had been committed, the trial transcript, the arguments before this Court, and conducted interviews with Torrence on two occasions in June, 1995. Dr. Behrmann concluded that Torrence is competent, and that he understands the consequences of his decision. The second expert, Dr. McKee, conducted four interviews with Torrence in June, 1995, reviewed all records reviewed by Dr. Behrmann, and considered the results of numerous psychological/personality tests. Dr. McKee likewise concluded Torrence was competent to waive his appellate rights.

Torrence presented an expert, Dr. Kuglar, who conducted personality testing, reviewed a number of previous psychological evaluations, and examined Torrence in January, 1996. Dr. Kuglar also concluded Torrence was competent to waive the appeal of his death sentence. 3

We find the record overwhelmingly supports a determination that Torrence is indeed competent. Moreover, the record clearly reflects that Torrence's decision to waive his right is knowing and voluntary, as is evidenced by the following excerpts of his testimony during the competency hearing:

Q. Now, if you fight this thing, there is a chance that the Supreme Court would send it back for another resentencing; do you understand that?

A. Yes, Sir.

Q. And there's a chance we can go back and have a resentencing and the jury can give you life ... Now, you have made the choice that you want death ... Tell the judge why you want that Mike.

A. I just don't want to spend the rest of my life in prison. I've been in prison thirteen and a half years now. And there's nothing there. There's no freedom. You know, I think that's mainly the way I see it. There's just no freedom. I could do twenty, thirty, forty more years in there, but it's not going to benefit anybody, certainly not me.

In the hearing before this Court, Torrence was questioned extensively concerning the waiver of his rights:

Q. Do you understand that by waiving or giving up this appeal, this Court will not, would not review the record to see if there are some legal errors that were committed down in the circuit court, do you understand that?

A. I understand that and I hope the Court doesn't, your honor....

...

To continue reading

Request your trial
5 cases
  • The State v. Motts
    • United States
    • South Carolina Supreme Court
    • 21 March 2011
    ...their ultimate conclusion that Motts was competent to waive his direct appeal under the standard set forth in Singleton and followed in Torrence. On April 29, 2010, Circuit Court Judge D. Garrison Hill 4 held an evidentiary hearing. During the hearing, Judge Hill heard testimony from two co......
  • Hughes v. State, 26115.
    • United States
    • South Carolina Supreme Court
    • 13 February 2006
    ...("Importantly, this Court is the final body to decide whether to grant [an appellant's] waiver."); State v. Torrence, 322 S.C. 475, 477 n. 2, 473 S.E.2d 703, 705 n. 2 (1996) (Torrence III) (no appeal lies from the remand of case for fact finding on the issue of competency; such a case is si......
  • State v. Passaro
    • United States
    • South Carolina Supreme Court
    • 29 July 2002
    ...do so, counsel insists, is "little more than governmentassisted suicide."9 Our decisions in Torrence II and State v. Torrence, 322 S.C. 475, 473 S.E.2d 703 (1996) (Torrence III), permit an individual to waive general appellate review of a death penalty conviction. Appellate counsel suggests......
  • Reed v. Ozmint
    • United States
    • South Carolina Supreme Court
    • 18 June 2007
    ...507-08, 567 S.E.2d 862, 867 (2002) (capital defendant reaffirmed his request to waive his right to appeal); State v. Torrence, 322 S.C. 475, 477-79, 473 S.E.2d 703, 705-06 (1996) (capital defendant remained steadfast in his desire to withdraw his appeal). Accordingly, Petitioner has failed ......
  • Request a trial to view additional results
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT