SIMMONS v. STATE

Opinion No. 27641.

416 S.C. 584 (2016)

Kenneth SIMMONS, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Filed June 8, 2016.


Attorney(s) appearing for the Case

Emily C. Paavola , of Justice 360, of Columbia, for Petitioner.

Attorney General Alan M. Wilson , Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Donald J. Zelenka , and Senior Assistant Attorney General Melody J. Brown , all of Columbia, for Respondent.

Joseph M. McCulloch, Jr. , of Columbia, Lori R. Mason , of Cooley LLP, of Palo Alto, California, Adam S. Gerhenson , of Cooley LLP, of Boston, Massachusetts and Jennifer Pavane Kenter , of Cooley LLP, of New York, New York, for Amicus Curiae The Innocence Network. Daniel J. Westbook , of Nelson Mullins Riley & Scarborough, of Columbia, Vilia B. Hayes , Charles W. Cohen and Casey S. Duffy , all of Hughes Hubbard & Reed, LLP, of New York, New York, for Amici Curiae ARC of South Carolina, Able SC, SCAAIDD, Protection and Advocacy for People With Disabilities, Inc. and Family Connection of South Carolina.


ON WRIT OF CERTIORARI

Petitioner Kenneth Simmons was convicted and sentenced for the 1996 murder and criminal sexual assault of an 89-year-old Summerville woman. Petitioner sought post-conviction relief (PCR), which was granted in part. Because Petitioner is intellectually disabled, the PCR court vacated Petitioner's...

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