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BLAKELY v. STATE

No. 25865.

360 S.C. 636 (2004)

602 S.E.2d 758

James G. BLAKELY, a.k.a. Jimmy Gatewood Blakely, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided September 7, 2004.

Rehearing Denied October 6, 2004.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital & Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General Salle W. Elliott, and Assistant Attorney General Christopher L. Newton, all of Columbia, for petitioner.

Senior Assistant Appellate Defender Wanda H. Haile, of Columbia, for respondent.

Justice MOORE:

We granted the State's petition to review the grant of relief in this post-conviction relief (PCR) action. The PCR judge found counsel was ineffective for failing to object to evidence of respondent's previous threats. We reverse.

FACTS

Respondent was charged with murder and assault and battery with intent to kill (ABIK) for wounding his girlfriend Sarah Ann Moss (a.k.a. "Ann") and killing her friend John

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