BINNEY v. STATE

No. 26723.

384 S.C. 539 (2009)

683 S.E.2d 478

Jonathan Kyle BINNEY, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided September 21, 2009.


Attorney(s) appearing for the Case

Emily C. Paavla, of Center for Capital Litigation, of Columbia, and John H. Blume, of Ithaca, NY, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Harold W. Gowdy, III, of Spartanburg; for Respondent.

John Nichols, of Bluestein, Nichols, Thompson & Delgado, of Columbia; Kathy Lynn Osborn and Mary Kristin Glazner, both of Indianapolis, IN, for Amicus Curiae Professors of Legal Ethics.

Joseph L. Savitz, III and Robert M. Dudek, both of Columbia, for Amicus Curiae South Carolina Appellate Defense.

Ernest Charles Grose, Jr., of Greenwood, for Amicus Curiae South Carolina Public Defenders Association.

Frank Eppes, of Greenville, for Amicus Curiae South Carolina Trial Lawyer's Association.

C. Rauch Wise, of Greenwood, for Amicus Curiae South Carolina Association of Criminal Defense Lawyers.

Cecil Kelly Jackson, of Sumter, for Amicus Curiae Solicitor's Association.


Chief Justice TOAL.

In this case, we granted a writ of certiorari to review an order of the post-conviction relief (PCR) court denying Petitioner's motion for (1) the return of his trial file from the Attorney General's Office (AGO) and (2) the disqualification of the AGO attorneys who viewed the file. Petitioner argues that his attorney-client privilege was violated when, after he filed an application for PCR, trial counsel turned over his entire trial file to the...

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