JOHNSON v. CATOE

No. 24991.

336 S.C. 354 (1999)

520 S.E.2d 617

Richard Charles JOHNSON, Petitioner, v. William D. CATOE, Director, Department of Corrections, and Charles M. Condon, Attorney General of South Carolina, Respondents.

Supreme Court of South Carolina.

Decided August 23, 1999.


Attorney(s) appearing for the Case

John H. Blume, of Ithaca, New York; and David P. Voisin, of Center for Capital Litigation, of Columbia, for petitioner.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, for respondents.

David I. Bruck, of Columbia, for amici curiae S.C. Association of Criminal Defense Lawyers and S.C. Public Defenders Association.


MOORE, Justice:

We have accepted this case in our original jurisdiction to consider whether our decision in Whetsell v. State, 276 S.C. 295, 277 S.E.2d 891 (1981), procedurally bars collateral review of guilt phase issues raised by a capital defendant who admits guilt during the sentencing phase of trial. We hold it does not.

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