ROSEMOND v. CATOE

No. 26679.

383 S.C. 320 (2009)

680 S.E.2d 5

Andre Kevin ROSEMOND, Petitioner, v. William D. CATOE, Commissioner, South Carolina Department of Corrections and Charles M. Condon, South Carolina Attorney General, Respondents.

Supreme Court of South Carolina.

Decided June 29, 2009.

Rehearing Denied August 6, 2009.


Attorney(s) appearing for the Case

David I. Bruck and Robert E. Lominack, both of Columbia, for Petitioner.

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


Justice KITTREDGE:

We granted a writ of certiorari to review the denial of Andre Rosemond's application for capital post-conviction relief (PCR). Rosemond argues the PCR court erred in denying relief primarily due to a complete lack of mitigation evidence in the sentencing phase. We agree and affirm in part, reverse in part, and remand for a new sentencing hearing.

I.

Rosemond was convicted of murdering his live-in girlfriend, Christine Norton, and...

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