BURGESS v. STATE

Appellate Case No. 2010-155115. No. 5091.

402 S.C. 92 (2013)

738 S.E.2d 264

Tommy BURGESS, Respondent, v. STATE of South Carolina, Petitioner.

Court of Appeals of South Carolina.

Decided February 20, 2013.


Attorney(s) appearing for the Case

Attorney General Alan Wilson , Assistant Attorney General Mary S. Williams , and Assistant Attorney General Megan E. Harrigan , all of Columbia, for Petitioner.

Appellate Defender Robert M. Pachak , of Columbia, for Respondent.


WILLIAMS, J.

In this post-conviction relief (PCR) case, this court granted the State's petition for writ of certiorari to review the PCR court's order granting Tommy Burgess a new trial. The State argues the PCR court erred in failing to determine whether Burgess was prejudiced by his counsel's failure to request a jury charge regarding Burgess's absence from his criminal trial. We affirm.

FACTUAL/PROCEDURAL HISTORY

In 2002, Burgess proceeded to...

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