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JOHNSON v. CATOE

No. 25304.

345 S.C. 389 (2001)

548 S.E.2d 587

Richard Charles JOHNSON, Petitioner, v. William D. CATOE, Director, South Carolina Department of Corrections, Respondent.

Supreme Court of South Carolina.

Decided June 11, 2001.

Rehearing Denied July 18, 2001.

Attorney(s) appearing for the Case

John H. Blume, Cornell Law School, of Ithaca, New York; and David P. Voisin, of the Mississippi Office of Post-Conviction Counsel, of Jackson, Mississippi, for petitioner.

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

Lawrence C. Marshall, of the Center on Wrongful Convictions, of Chicago, Illinois; Barry C. Scheck, and Peter J. Neufeld, of The Innocence Project, of New York, New York; and Vance L. Cowden, of the Department of Clinical Legal Studies, of Columbia, for amicus curiae.

MOORE, Justice.

We have accepted this case in our original jurisdiction to consider whether petitioner is entitled to a new trial based upon after-discovered evidence. We find that he is not so entitled.

FACTS

In September 1985, Daniel Swanson was driving his RV through North Carolina on his way to Florida when he picked up petitioner, who was hitchhiking. The following day, Swanson and petitioner picked up hitchhikers, Curtis Harbert and Connie...

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