JAMES v. STATE

No. 26276.

372 S.C. 287 (2007)

641 S.E.2d 899

Willie JAMES, Respondent, v. The STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided February 27, 2007.


Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Sabrina C. Todd, all of Columbia, for Petitioner.

Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Respondent.


Chief Justice TOAL:

In this PCR case, the court of appeals held that the fact that Respondent Willie James ("Respondent") had actual notice of the State's intention to seek a sentence of life without the possibility of parole under South Carolina's recidivist statute did not satisfy the Code's requirement that both Respondent and his counsel receive written notice of the State's intention prior to Respondent's trial. Accordingly...

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