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ARNOLD v. STATE

23610

309 S.C. 157 (1992)

420 S.E.2d 834

John D. ARNOLD, Petitioner v. STATE of South Carolina, Respondent. John H. PLATH, Petitioner v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Submitted November 21, 1991.

Decided August 31, 1992.

Attorney(s) appearing for the Case

Edmund H. Robinson, of Shimel, Ackerman, Theos, Spar & Robinson, Charleston, and South Carolina Office of Appellate Defense, Columbia, for petitioner John D. Arnold.

John H. Blume and Franklin W. Draper, both of South Carolina Death Penalty Resource Center, South Carolina Office of Appellate Defense, Columbia, and Kathy D. Lindsay, Beaufort, for petitioner John H. Plath.

Attorney General T. Travis Medlock and Chief Deputy Atty. Gen. Donald J. Zelenka, Columbia, for respondent in Arnold.

Attorney General T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, and Asst. Atty. Gen. Miller W. Shealy, Jr., Columbia, for respondent in Plath.

Submitted Oct. 22, 1991 (Arnold).

Submitted Nov. 21, 1991 (Plath).

Decided Aug. 31, 1992.

ORDER

The petition for rehearing is granted. We dispense with further briefing and withdraw the opinion in John D. Arnold & John H. Plath v. State of South Carolina, Op. No. 23610, (S.C. Sup. Ct. filed March 30, 1992) (Davis Adv. Sh. No. 9 at 26). The opinion which follows this order is hereby substituted. The following changes have been made...

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