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STATE v. JUSTUS

No. 26971.

392 S.C. 416 (2011)

709 S.E.2d 668

The STATE, Respondent, v. Kenneth Harry JUSTUS, Appellant.

Supreme Court of South Carolina.

Decided May 9, 2011.

Attorney(s) appearing for the Case

Chief Appellate Defender Robert M. Dudek and Senior Appellate Defender Joseph L. Savitz, III , both of South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Donald J. Zelenka , and Assistant Attorney General J. Anthony Mabry , all of Columbia, and Solicitor David Michael Pascoe, Jr. , of Orangeburg, for Respondent.

Justice KITTREDGE:

This is a direct appeal in a death penalty case. Appellant raises one issue, asserting the trial court abused its discretion in disqualifying one of his two appointed counsel two years prior to his guilty plea to murder. We find no abuse of discretion and affirm.

I.

On the evening of July 26, 2005, Appellant Kenneth Harry Justus murdered Justin Bregenzer.1...

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