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COUNCIL v. STATE

No. 26543.

380 S.C. 159 (2008)

670 S.E.2d 356

Donney S. COUNCIL, a/k/a Donnie S. Council, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Re-filed December 29, 2008.

Rehearing Denied December 29, 2008.

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 and Assistant Attorney General Melody J. Brown, all of Columbia, for Petitioner.

Teresa L. Norris, of Blume, Weyble & Norris, of Columbia, Theresa Lee Clement, of Clement Law Office, of Columbia, for Respondent.

Justice BEATTY:

In this death penalty post-conviction relief (PCR) case, the Court granted the State's petition for a writ of certiorari to review the PCR judge's decision to: vacate Donney S. Council's (Respondent's) sentence of death; grant a new hearing for the penalty phase of his capital murder trial; and continue indefinitely one of his PCR grounds until Respondent regained competence. After we issued our original opinion affirming in part, reversing in part...

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