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STATE v. SMART

Opinion No. 28161.

439 S.C. 641 (2023)

889 S.E.2d 573

The STATE, Respondent, v. Jon SMART, Petitioner.

Supreme Court of South Carolina.

Filed June 21, 2023.

Attorney(s) appearing for the Case

Appellate Defender Joanna Katherine Delany , of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson , Chief Deputy W. Jeffrey Young , Deputy Attorney General Donald J. Zelenka , Senior Assistant Deputy Attorney General Melody Jane Brown , Assistant Attorney General Tommy Evans Jr. , of Columbia; Solicitor Ernest Adolphus Finney III , of Sumter, all for Respondent.

Today we address whether a juvenile sentenced to life in prison bears any burden of proof or persuasion when seeking resentencing under Aiken v. Byars, 410 S.C. 534, 765 S.E.2d 572 (2014). We hold there is no such burden—on either party—and the...

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