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MAGAZINE v. STATE

No. 25908.

361 S.C. 610 (2004)

606 S.E.2d 761

Raymond MAGAZINE, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided December 6, 2004.

Attorney(s) appearing for the Case

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Petitioner.

Assistant Appellate Defender Robert M. Pachak, of S.C. Office of Appellate Defense, of Columbia, for Respondent.

Chief Justice TOAL:

Respondent Raymond Magazine was arrested for criminal sexual conduct in the first degree (CSC). He was indicted on charges of kidnapping, attempted murder, assault and battery with intent to kill, CSC, and possession of a weapon. The post-conviction relief (PCR) judge granted a new trial after finding that Respondent was not personally served with a copy of the indictment and that counsel was ineffective for (1) failing to intelligently evaluate...

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