McKnight v. State

The State of South Carolina (plaintiff) prosecuted Regina McKnight (defendant) for homicide by child abuse after McKnight gave birth to a stillborn baby. At trial, the state introduced the physician who performed the autopsy, who testified that chorioamnionitis and funisitis in conjunction with McKnight’s cocaine use likely caused the stillbirth but admitted that chorioamnionitis or funisitis alone could have caused the death. A second expert witness for the state testified that McKnight’s cocaine use caused the chorioamnionitis and funisitis. McKnight’s counsel introduced a physician who testified that chorioamnionitis and funisitis were responsible for the death and that recent studies have been unable to link cocaine use with stillbirth. McKnight’s counsel also introduced a second physician who admitted that cocaine use could not be ruled out as a cause of death, which the state relied on heavily during its closing argument. The jury was released to deliberate, but a mistrial was declared because several jurors independently researched the relevant medical conditions. At the second trial, the state called the same two expert witnesses. However, McKnight’s counsel called only the physician who admitted that cocaine could not be ruled out as a cause of death. McKnight’s counsel did not cross-examine any of the state’s experts or admit any medical research into evidence. The trial court instructed the jury that homicide by child abuse required a criminal intent of extreme indifference to human life and that criminal intent may arise from negligence, recklessness, or indifference to consequences. The jury requested a definition of criminal intent, but the trial court repeated the same instruction. After a 30-minute deliberation, the jury returned a guilty verdict. McKnight appealed, alleging ineffective assistance of counsel. The postconviction relief court found that counsel was not ineffective. The South Carolina Supreme Court granted certiorari.