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COOPER v. MOORE

No. 25512.

351 S.C. 207 (2002)

569 S.E.2d 330

Gene Tony COOPER, Jr., Respondent, v. Michael MOORE, Commissioner, South Carolina Department of Corrections, Petitioner.

Supreme Court of South Carolina.

Decided August 12, 2002.

Attorney(s) appearing for the Case

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 petitioner.

David I. Bruck, of Columbia; and Stuart M. Andrews, Jr., of Nelson Mullins Riley & Scarborough, L.L.P., of Columbia, for respondent.

Acting Chief Justice MOORE.

We granted this petition for a writ of certiorari to determine whether the post-conviction relief (PCR) court erred by finding S.C.Code Ann. § 16-3-28 (1985 & Supp.2001), applies to non-capital crimes and whether the court erred by finding respondent was prejudiced by counsel's alleged deficient performance. We affirm.

FACTS

In the early morning of October 6, 1989, Kimberly Quinn (the victim) was discovered missing...

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