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HARDEN v. STATE

No. 25858.

360 S.C. 405 (2004)

602 S.E.2d 48

Benjamin HARDEN, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided August 16, 2004.

Attorney(s) appearing for the Case

Tara Shurling, of Columbia, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Donald J. Zelenka, Chief, Capital and Collateral Litigation, Assistant Deputy Attorney General B. Allen Bullard, and Assistant Attorney General David Spencer, all of Columbia, for Respondent.

Justice BURNETT:

We granted certiorari to review the denial of Benjamin Harden's (Petitioner's) second application for post-conviction relief (PCR). We granted Petitioner's first application for PCR, which was denied after a hearing, and dismissed his petition for failure of counsel to perfect the appeal. Petitioner's motion to reinstate the appeal was denied.

Petitioner's second PCR application seeks review, pursuant to Austin v. State,

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