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WHITEHEAD v. STATE

23759

310 S.C. 532 (1992)

426 S.E.2d 315

Samuel E. WHITEHEAD, Petitioner v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided December 14, 1992.

Attorney(s) appearing for the Case

Asst. Appellate Defender Lesley M. Coggiola, of S.C. Office of Appellate Defense, Columbia, for petitioner.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Asst. Atty. Gen. Teresa N. Cosby, Columbia, for respondent.

Submitted Oct. 26, 1992.

Decided Dec. 14, 1992.

HARWELL, Chief Justice:

We granted certiorari to review the dismissal of Samuel E. Whitehead's (Whitehead) application for postconviction relief (PCR). Whitehead contends that the PCR judge erred by failing to appoint counsel or obtain a knowing and intelligent waiver of the right to counsel. We reverse and remand for a new PCR hearing.

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