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CARTER v. STATE

22795

293 S.C. 528 (1987)

362 S.E.2d 20

Eugene CARTER, Petitioner v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided November 9, 1987.

Attorney(s) appearing for the Case

Asst. Appellate Defender Daniel T. Stacey of Columbia, for petitioner.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka and Asst. Atty. Gen. Frank L. Valenta, Jr., Columbia, for respondent.

Submitted Sept. 24, 1987.

Decided Nov. 9, 1987.

CHANDLER, Justice:

Certiorari was granted in this post-conviction relief case to consider whether petitioner's second post-conviction application was properly dismissed on the ground of successiveness. We reverse and remand for a hearing on the merits.

At his August 4, 1982, murder trial, petitioner (Carter), represented by retained counsel, did not testify. Carter was convicted of murder and...

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