NANCE v. FREDERICK

No. 25814.

358 S.C. 480 (2004)

596 S.E.2d 62

Robert Lee NANCE, Petitioner, v. R. Dodge FREDERICK, Director, South Carolina Department of Corrections, Respondent.

Supreme Court of South Carolina.

Decided April 26, 2004.

Rehearing Denied May 25, 2004.


Attorney(s) appearing for the Case

Teresa L. Norris, Maura McNally, William Norman Nettles, and South Carolina Office of Appellate Defense, all of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, and Assistant Attorney General S. Creighton Waters, all of Columbia, for Respondent.


Chief Justice TOAL.

Robert Lee Nance (Petitioner), sentenced to death for murder, appeals from the post-conviction relief (PCR) court's denial of his application for PCR. We hold that the manner in which Petitioner's trial counsel investigated, planned, and conducted his defense constitutes a classic example of a complete breakdown in the adversarial process. Therefore, we grant Petitioner a new trial.

FACTUAL / PROCEDURAL BACKGROUND

The victims...

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