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EZELL v. STATE

No. 25312.

345 S.C. 312 (2001)

548 S.E.2d 852

Eastern J. EZELL, Respondent, v. The STATE, Petitioner.

Supreme Court of South Carolina.

Decided June 25, 2001

Attorney(s) appearing for the Case

Senior Assistant Appellate Defender Wanda H. Haile, of the South Carolina Office of Appellate Defense, of Columbia, for respondent.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Allen Bullard, Assistant Attorney General Howard L. Steinberg, and Assistant Attorney General William Bryan Dukes; all of Columbia, for petitioner.

MOORE, Justice:

We granted this petition for a writ of certiorari to determine the appropriate remedy for the ineffective assistance of appellate counsel. We find, under the circumstances of this case, the appropriate remedy is a new trial.

FACTS

Respondent was convicted of distribution of crack and distribution of crack within proximity of a school. He was sentenced to imprisonment for twelve years and...

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