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DUCKSON v. STATE

No. 25712.

355 S.C. 596 (2003)

586 S.E.2d 576

Alphonso DUCKSON, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided September 8, 2003.

Attorney(s) appearing for the Case

Deputy Chief Attorney Joseph L. Savitz, III, of S.C. Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief Deputy Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General Allen Bullard, and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Respondent.

JUSTICE PLEICONES:

Petitioner's parole was revoked following a hearing at which he was represented by a retained attorney. Petitioner then filed an application for post-conviction relief (PCR) alleging, among other things, that his parole revocation attorney rendered ineffective assistance of counsel. Following an evidentiary hearing, the PCR judge held:

(1) Petitioner had stated no cognizable claim under the Uniform Post Conviction Relief Act;

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