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COUNCIL v. CATOE

No. 25833.

359 S.C. 120 (2004)

597 S.E.2d 782

Donney S. COUNCIL, Respondent, v. William D. CATOE, Commissioner, South Carolina Department of Corrections, and Henry Dargan McMaster, S.C. Attorney General, Petitioners.

Supreme Court of South Carolina.

Decided June 1, 2004.

Rehearing Denied June 24, 2004.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Petitioner.

Teresa L. Norris, of the Center for Capital Litigation, and Theresa Lee Clement, of Clement Law Office, both of Columbia, for Respondent.

John F. Hardaway, of Columbia, for Guardian Ad Litem.

Chief Justice TOAL:

This Court granted the State's petition for certiorari to review whether the post-conviction relief (PCR) judge erroneously granted Donney Council's (respondent) motion to stay the PCR proceedings until he was deemed competent. We reverse the PCR judge's imposition of an indefinite stay and adopt a new approach for determining whether a petitioner's PCR hearing should go forward when he claims incompetence...

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