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STATE v. WILSON

23545

306 S.C. 498 (1992)

413 S.E.2d 19

The STATE, Respondent v. James William WILSON, Appellant.

Supreme Court of South Carolina.

Decided January 6, 1992.

Rehearing Denied February 4, 1992.

Attorney(s) appearing for the Case

David I. Bruck, of S.C. Office of Appellate Defense, Columbia, and David G. Belser, Asheville, N.C., for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Columbia, and Sol. W. Townes Jones, IV, Greenwood, for respondent.

Heard September 26, 1990;

Decided January 6, 1992.

Rehearing Denied February 4, 1992.

TOAL, Justice:

The primary issue which we address in this appeal is whether a sentence of death for a defendant who pleads or is found "guilty but mentally ill," as that verdict is defined by South Carolina statute, violates the Cruel and Unusual Punishment Clause of the Eighth Amendment of the United States Constitution...

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