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WILLIAMS v. STATE

No. 25668.

354 S.C. 630 (2003)

583 S.E.2d 52

John H. WILLIAMS, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided June 23, 2003.

Attorney(s) appearing for the Case

Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia; for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General W. Bryan Dukes, of Columbia, for Respondent.

Justice WALLER:

In this post-conviction relief (PCR) action, petitioner John H. Williams' appellate counsel filed a Johnson1 petition for a writ of certiorari. We denied counsel's request to be relieved and directed the parties to address the following question:

Did the PCR judge err in directing, pursuant to In re Maxton, 325 S.C. 3,

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