Mother who pleaded guilty in death of 5-month-old 'Baby Grace' a - WMBFNews.com, Myrtle Beach/Florence SC, Weather

Breaking

Mother who pleaded guilty in death of 5-month-old 'Baby Grace' asking for new trial

Sarah Toney (Source: J. Reuben Long Detention Center) Sarah Toney (Source: J. Reuben Long Detention Center)

CONWAY, SC (WMBF) – The mother who pleaded guilty earlier this year to going into a Socastee creek with her 5-month-old daughter, which led to the baby’s death, is now asking for a new trial.  

According to court documents filed May 23, Sarah Toney submitted an application for post-conviction relief in the circuit court and needed an attorney appointed to represent her.

In January, Toney pleaded guilty to homicide by child abuse in connection to the November 2015 death of her 5-month-old daughter, who became known as “Baby Grace.” She was sentenced to 27 years in prison.

However, in her appeal, Toney cited “ineffective assistance of counsel,” an “involuntary plea of guilty” and a direct appeal not being filed as some of the reasons she was being held in custody unlawfully and was seeking post-conviction relief.

Additionally, Toney claimed defense counsel failed to call expert witnesses to discuss postpartum depression.

The relief she specifically asked for was a new trial, a vacating of her sentence and a reduction in her sentence, according to court documents.

According to Candice Lively, a deputy solicitor with the Sixth Circuit Solicitor’s Office, this instance of post-conviction relief is a “high burden” for the judge. Without a trial, she said, there is not a lot to attack.

Lively added that the judge would have to get a transcript from the guilty plea; make sure all the necessary questions were asked; be certain all constitutional rights were followed; and check that the defendant’s attorney advised her of everything.

Related story:

Copyright 2017 WMBF News. All rights reserved. 

  • Local NewsLocalMore>>

  • BCSO searching for suspect who robbed gas station

    BCSO searching for suspect who robbed gas station

    Saturday, February 17 2018 9:46 PM EST2018-02-18 02:46:19 GMT
    (Source: BCSO)(Source: BCSO)
    BRUNSWICK COUNTY, NC (WMBF) – Brunswick County Sheriff’s Office is looking to identify a suspect who robbed a BP gas station Saturday night, according to a release. The suspect robbed the gas station at 5053 Southport-Supply Road in Southport around 8:30 Saturday night. The suspect is described as a white male, approximately 6’0” tall, wearing a short sleeve, dark blue t-shirt, tan pants, and a camouflage beanie. He also has a beard or facial hair.  No ...More >>
    BRUNSWICK COUNTY, NC (WMBF) – Brunswick County Sheriff’s Office is looking to identify a suspect who robbed a BP gas station Saturday night, according to a release. The suspect robbed the gas station at 5053 Southport-Supply Road in Southport around 8:30 Saturday night. The suspect is described as a white male, approximately 6’0” tall, wearing a short sleeve, dark blue t-shirt, tan pants, and a camouflage beanie. He also has a beard or facial hair.  No ...More >>
  • CCU holds vigil to honor Florida shooting victims

    CCU holds vigil to honor Florida shooting victims

    Saturday, February 17 2018 9:39 PM EST2018-02-18 02:39:52 GMT
    CCU student light candles and pray (Source WMBF News)CCU student light candles and pray (Source WMBF News)

    Educators of the future are taking a stand, following a vigil held on the camps of Coastal Carolina University honoring the 17 lives lost in a Florida shooting. CCU students Tyler Bealmear and Kaycelyn Laymon have a love and passion for children and education, their hearts broken by the tragedy, but each refusing to let situations like these continue. 

    More >>

    Educators of the future are taking a stand, following a vigil held on the camps of Coastal Carolina University honoring the 17 lives lost in a Florida shooting. CCU students Tyler Bealmear and Kaycelyn Laymon have a love and passion for children and education, their hearts broken by the tragedy, but each refusing to let situations like these continue. 

    More >>
  • Candlelight vigil held at The Market Common to remember Florida school shooting victims

    Candlelight vigil held at The Market Common to remember Florida school shooting victims

    Saturday, February 17 2018 5:31 PM EST2018-02-17 22:31:21 GMT
    (Source: Ian Klein)(Source: Ian Klein)

    A local group is hosting a candlelight vigil Friday night in The Market Common to remember the 17 victims of Wednesday’s school shooting in Parkland, Fla.

    More >>

    A local group is hosting a candlelight vigil Friday night in The Market Common to remember the 17 victims of Wednesday’s school shooting in Parkland, Fla.

    More >>
Powered by Frankly