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YATES v. AIKEN

22962

301 S.C. 214 (1989)

391 S.E.2d 530

Dale Robert YATES, Petitioner v. James AIKEN, Warden, CCI, and the Attorney General, South Carolina, Respondents.

Supreme Court of South Carolina.

Decided February 6, 1989.

Attorney(s) appearing for the Case

David I. Bruck and John H. Blume, and S.C. Officer of Appellate Defense, Columbia, for petitioner.

Atty. Gen. T. Travis Medlock and Chief Deputy Atty. Gen. Donald J. Zelenka, Columbia, for respondents.

Submitted June 6, 1988.

Decided Feb. 6, 1989.

GREGORY, Chief Justice:

This case is before us on a petition for writ of habeas corpus. We deny the petition.

In 1981 petitioner was convicted of murder, armed robbery, assault and battery with intent to kill, and conspiracy. He was sentenced to death. The convictions and sentence were affirmed on appeal to this Court. State v. Yates, 280 S.C. 29,

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