Ervin McMILLIAN, Petitioner,
v.
STATE of South Carolina, Respondent.
Supreme Court of South Carolina.https://leagle.com/images/logo.png
Submitted April 22, 2009.
Decided July 20, 2009.
Attorney(s) appearing for the Case
Appellate Defender Robert M. Pachak, of South Carolina Office of Indigent Defense, of Columbia, for Petitioner.
Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley E. Elliott, and Assistant Attorney General Brian T. Petrano, all of Columbia, for Respondent.
Supreme Court of South Carolina.
Justice BEATTY:
Ervin McMillian1 filed a petition for a writ of certiorari seeking review of an order denying his application for post-conviction relief (PCR). We granted the petition to decide the following question: Was counsel ineffective for advising McMillian that the intent to commit a crime could be inferred from the act of trespassing, such that it would provide a factual basis to support a plea to first-degree burglary? We hold...
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