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FERGUSON v. STATE

No. 26655.

382 S.C. 615 (2009)

677 S.E.2d 600

Larry M. FERGUSON, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided May 26, 2009.

Attorney(s) appearing for the Case

Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Daniel E. Grigg, all of Columbia, for Respondent.

Justice WALLER:

We granted a writ of certiorari to review the Court of Appeals' dismissal of this appeal.1 The sole issue is whether mental incapacity tolls the statute of limitations in which to file for post-conviction relief (PCR).

FACTS

In December 1996, Petitioner, Larry Ferguson, pleaded guilty to first degree burglary, second degree burglary, grand larceny (three counts), and receiving stolen goods; he was sentenced...

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