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AUSTIN v. STATE

23256

305 S.C. 453 (1991)

409 S.E.2d 395

Joseph R. AUSTIN, Petitioner v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided September 9, 1991.

Attorney(s) appearing for the Case

D. Mark Stokes, Asst. Appellate Defender, South Carolina Office of Appellate Defense, Columbia, for petitioner.

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

Submitted May 17, 1988.

Decided Sept. 9, 1991.

Per Curiam:

This case is before the Court on a Petition for Rehearing. Opinion number 23256, filed August 27, 1990, is withdrawn and the following Opinion is substituted as the Opinion of this Court. This case involves an appeal from the summary dismissal of petitioner's application for post-conviction relief (PCR). We reverse and remand for an evidentiary...

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