TOOMER v. STATE

No. 25098.

339 S.C. 434 (2000)

529 S.E.2d 719

Frank TOOMER, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided March 27, 2000.

Rehearing Denied April 19, 2000.


Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa A. Knox, and Assistant Attorney General J. Benjamin Aplin, all of Columbia, for petitioner.

Assistant Appellate Defender Melissa J. Reed Kimbrough, of South Carolina Office of Appellate Defense, of Columbia, for respondent.


TOAL, Justice:

The State appeals the Post-Conviction Relief ("PCR") court's granting of a new trial to respondent Frank Toomer ("Defendant"). We reverse the PCR court's grant to Defendant of a new trial.

FACTUAL/PROCEDURAL BACKGROUND

In 1994, the State indicted Defendant for first degree sexual conduct ("CSC"). The State based the indictment on alleged assaults by Defendant upon his daughter Deborah beginning in the summer of 1971 when she was 11...

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