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EX PARTE LEXINGTON COUNTY

No. 24032.

442 S.E.2d 589 (1994)

Ex parte LEXINGTON COUNTY, Respondent. In re The STATE, Respondent, v. Johnny O'Landis BENNETT, Petitioner. Ex parte LEXINGTON COUNTY, Respondent. In re The STATE, Respondent, v. Raymond PATTERSON, Jr., Petitioner.

Supreme Court of South Carolina.

Decided March 21, 1994.

Attorney(s) appearing for the Case

H. Wayne Floyd, West Columbia, H. Patterson McWhirter, Lexington, and SC Office of Appellate Defense, for petitioner Johnny O'Landis Bennett.

John D. Delgado and Nathaniel Roberson, of Delgado & Roberson, Elizabeth Scott Moise, of Nelson, Mullins, Riley & Scarborough, Columbia, and Stephen R. Soltis, Jr., Lexington, for petitioner Raymond Patterson, Jr.

Robert E. Lyon, Jr. and Robert S. Croom, S.C. Ass'n of Counties, Columbia, amicus curiae.

Jeffrey M. Anderson, of Bouknight, Nicholson, Davis, Frawley & Anderson, Lexington, T. Travis Medlock, Atty. Gen., Donald J. Zelenka, Chief Deputy Atty. Gen., Harold M. Coombs, Jr., Senior Asst. Atty. Gen., Rakale B. Smith, Asst. Atty. Gen., Columbia, Donald V. Myers, Solicitor, Lexington, for respondent.

TOAL, Justice:

These appeals arise from the trial court's orders allowing representatives of the county council to participate in and members of the press to attend an ex parte hearings held pursuant to provisions of our death penalty statute to determine the reasonableness and necessity of investigative and expert services required for both petitioners' death penalty defenses. In both appeals, the facts are similar, the trial judge is the same and the questions...

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