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McKNIGHT v. STATE

No. 24358.

465 S.E.2d 352 (1995)

Tommy McKNIGHT, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided December 11, 1995.

Attorney(s) appearing for the Case

Robert M. Pachak, Assistant Appellate Defender, South Carolina Office of Appellate Defense, Columbia, for petitioner.

T. Travis Medlock, Attorney General, J. Emory Smith, Jr., Deputy Attorney General, Teresa Nesbitt Cosby, Assistant Attorney General, Teresa A. Knox, Assistant Attorney General, Office of the Attorney General, Columbia, for respondent.

WALLER, Justice:

McKnight was convicted of resisting arrest and criminal domestic violence, third offense. No direct appeal was taken. He filed an application for post-conviction relief which was dismissed after an evidentiary hearing. We reverse, finding McKnight was denied his Sixth Amendment right to counsel when the trial proceeded in counsel's absence.

FACTS

McKnight's trial lasted two days...

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