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STATE v. CHILDERS

No. 26319.

373 S.C. 367 (2007)

645 S.E.2d 233

The STATE, Respondent/Petitioner, v. William Larry CHILDERS, Jr., Petitioner/Respondent.

Supreme Court of South Carolina.

Decided April 23, 2007.

Rehearing Denied June 7, 2006.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Melody J. Brown, and Solicitor Warren Blair Giese, all of Columbia, for Respondent/Petitioner.

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Petitioner/Respondent.

Justice BURNETT.

We granted both parties' petitions for writ of certiorari to review the Court of Appeals' decision in State v. Childers, 358 S.C. 614, 595 S.E.2d 872 (Ct.App.2004). We affirm in part and reverse in part.

FACTUAL/PROCEDURAL BACKGROUND

On October 14, 2002, William Larry Childers visited his former live...

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