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IN RE WHETSTONE

No. 25641.

354 S.C. 213 (2003)

580 S.E.2d 447

Ex parte Charles W. WHETSTONE, Jr., Appellant, In re Thomas IVEY, Applicant/Respondent, v. William D. CATOE, Director, South Carolina Department of Corrections, Respondent.

Supreme Court of South Carolina.

Decided April 28, 2003.

Rehearing Denied May 29, 2003.

Attorney(s) appearing for the Case

Deputy Attorney General Treva G. Ashworth; Assistant Deputy Attorney General J. Emory Smith, Jr., both of Columbia, for Appellant.

Assistant Deputy Attorney General Donald J. Zelenka, of Columbia, for Respondent William D. Catoe, Director, South Carolina Department of Corrections.

H. Wayne Floyd, of West Columbia, and Melissa Jane Reed Kimbrough, of Columbia, for Respondent Thomas Ivey.

Justice BURNETT:

Charles W. Whetstone, Jr., ("Whetstone"), a former circuit court judge, brings this action in our original jurisdiction through a common law writ of certiorari to quash a subpoena requiring him to testify in a Post Conviction Relief ("PCR") hearing for Thomas Ivey ("Ivey"). We reverse.

FACTS

Ivey filed a PCR petition alleging, inter alia, his trial counsel, Michael Culler ("Culler"), provided ineffective assistance of counsel...

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