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HUDGINS v. MOORE

No. 25033.

337 S.C. 333 (1999)

524 S.E.2d 105

Joseph Paul HUDGINS, Petitioner, v. Michael W. MOORE, Director, South Carolina Department of Corrections, Respondent.

Supreme Court of South Carolina.

Decided December 6, 1999.

Attorney(s) appearing for the Case

David I. Bruck; David P. Voisin; and S.C. Office of Appellate Defense, all of Columbia, for petitioner.

Attorney General Charles M. Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William E. Salter, III, all of Columbia, for respondent.

Lesly A. Bowers, of Columbia; David W. Debruin and Elizabeth E. Appel Blue, both of Jenner & Block, of Washington, D.C.; and James McHugh and Nathalie Gilfoyle, both of Washington, D.C., for amici curiae American Psychological Association and Protection and Advocacy for People with Disabilities, Inc.

MOORE, Justice:

We granted a writ of certiorari to review the denial of post-conviction relief (PCR) in this capital case. We reverse.

FACTS

Petitioner and his co-defendant, Terry Cheek, stole a truck from the locked lot of an Orkin Pest Control Company. They were driving around in the truck the next evening when they were stopped by Officer Chris Taylor because a hose was dragging from the truck. Cheek, who was driving, did not have his driver's...

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