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SMALLS v. STATE

Opinion No. 27764.

422 S.C. 174 (2018)

810 S.E.2d 836

Stephen SMALLS, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Filed February 7, 2018.

Rehearing Denied March 29, 2018.

Attorney(s) appearing for the Case

Appellate Defender Kathrine Haggard Hudgins , of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson and Assistant Attorney General Jessica Elizabeth Kinard , both of Columbia, for Respondent.

In this post-conviction relief (PCR) case, we agree with the court of appeals' finding that trial counsel was deficient, but disagree that the State presented overwhelming evidence of guilt that precluded a finding of prejudice under the second prong of Strickland v. Washington. We find the evidence was not overwhelming, and...

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