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WHITEHEAD v. STATE

No. 25567.

352 S.C. 215 (2002)

574 S.E.2d 200

Robert WHITEHEAD, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided December 16, 2002.

Attorney(s) appearing for the Case

Assistant Appellate Defender Aileen Clare, of S.C. Office of Appellate Defense, of Columbia, for petitioner.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Chief Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General Allen Bullard, Jr., and Assistant Attorney General Douglas E. Leadbitter, all of Columbia, for respondent.

Justice PLEICONES:

We ordered the parties to address the issue whether the defense of laches is available to the State where, as here, a post-conviction relief (PCR) applicant has made an Austin1 claim. We hold that while laches may be pled as an affirmative defense, the State has waived it in this particular action. This matter shall proceed as directed below.

PROCEDURAL HISTORY

In 1992, petitioner's first...

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