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McKNIGHT v. STATE

No. 26484.

378 S.C. 33 (2008)

661 S.E.2d 354

Regina Denise McKNIGHT, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided May 12, 2008.

Attorney(s) appearing for the Case

C. Rauch Wise, of Greenwood, Julie M. Carpenter and Matthew Hersh, both of Jenner & Block, of Washington, D.C., for Petitioner.

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

Susan King Dunn, of Charleston, Tiloma Jayasinghe and Lynn M. Paltrow, both of National Advocates for Pregnant Women, of New York, NY, Theshia Naidoo and Daniel N. Abrahamson, both of The Drug Policy Alliance, of Berkeley, CA, for Amici Curiae.

Chief Justice TOAL:

In this case, the post-conviction relief (PCR) court denied Petitioner's application alleging numerous grounds for ineffective assistance of counsel. This Court granted certiorari and we reverse the PCR court's denial of relief on several grounds.

FACTUAL/PROCEDURAL BACKGROUND

Petitioner Regina McKnight gave birth to a nearly full-term stillborn baby girl in May 1999. An autopsy revealed...

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