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ARD v. CATOE

No. 26282.

372 S.C. 318 (2007)

642 S.E.2d 590

Joseph Lee ARD, Respondent, v. William D. CATOE, Commissioner, South Carolina Department of Corrections, Petitioner.

Supreme Court of South Carolina.

Decided March 5, 2007.

Rehearing Denied April 4, 2007.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Melody J. Brown, all of Columbia, for Petitioner.

William N. Nettles, of Sanders & Nettles, of Columbia, and Christopher Seeds, of New York, for Respondent.

Justice WALLER:

We granted the State's petition for a writ of certiorari to review the grant of post-conviction relief (PCR) to respondent, Joseph Lee Ard, who was sentenced to death for killing his pregnant girlfriend, Madalyn Coffey, and their unborn son. We affirm the PCR court's grant of a new trial based on ineffective assistance of trial counsel.

FACTS

On April 23, 1993, at approximately 5:30 a.m., Coffey died from a single gunshot wound to...

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