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UPSON v. STATE

Appellate Case No. 2018-001674 Opinion No. 6049.

442 S.C. 359 (2024)

897 S.E.2d 564

John UPSON, Respondent, v. STATE of South Carolina, Petitioner.

Court of Appeals of South Carolina.

Filed January 31, 2024.

Rehearing Denied March 1, 2024.

Attorney(s) appearing for the Case

Attorney General Alan Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Petitioner.

Tommy Arthur Thomas, of Irmo, for Respondent.

The State of South Carolina (the State) appeals an order from the post-conviction relief (PCR) court granting John Upson's PCR application for ineffective assistance of counsel. The State argues the PCR court erred in finding that trial counsel was constitutionally ineffective by (1) failing to challenge or otherwise determine the...

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