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PAULING v. STATE

No. 25488.

350 S.C. 278 (2002)

565 S.E.2d 769

Shawn PAULING, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided June 24, 2002.

Attorney(s) appearing for the Case

Assistant Appellate Defender Tara S. Taggart of South Carolina Office of Appellate Defense, of Columbia, for petitioner.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General B. Allen Bullard, and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for respondent.

ON WRIT OF CERTIORARI

Justice BURNETT:

We granted a writ of certiorari to review the decision of the post-conviction relief (PCR) judge denying petitioner relief. We reverse.

ISSUE

Is there any evidence of probative value which supports the PCR judge's conclusion trial counsel were not ineffective for failing to object to the trial judge's incorrect response to the jury's question concerning the effect of its inability to render...

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