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GIBSON v. STATE

No. 24737.

329 S.C. 37 (1998)

495 S.E.2d 426

David H. GIBSON and Donnie R. Gibson, Appellants, v. The STATE, Respondent.

Supreme Court of South Carolina.

Decided January 12, 1998.

Attorney(s) appearing for the Case

Assistant Appellate Defender M. Anne Pearce, of S.C. Office of Appellate Defense, Columbia, for appellants.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa Nesbitt Cosby, Assistant Attorney General Allen Bullard, Columbia, for respondent.

BURNETT, Justice:

Appellants appeal the trial court's summary dismissal of their petitions for writs of habeas corpus claiming they should have been granted a hearing on the petitions. We reverse and remand.

FACTS

On July 23, 1976, appellants were convicted of murder and were sentenced to confinement for life. They did not appeal their convictions.

On August 21, 1995, appellants filed petitions for writs of habeas corpus, pro se...

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