Truesdale v. Aiken

Supreme Court of South Carolina

Truesdale v. Aiken

347 S.E.2d 101, 289 S.C. 488, 1986 S.C. LEXIS 482

Supreme Court of South Carolina·Decided July 9, 1986·Published·Cited by 4 cases

Opinion

ORDER

Ness, Chief Judge:

This case is before the Court on a petition for rehearing. Petitioner asserts he is entitled to have his death sentence vacated on the basis of Skipper v. South Carolina, _ U. S. _, 106 S. Ct. 1669, 90 L.Ed.2d 1 (1986), which was decided while this postconviction relief matter was pending.

[489]*489The retroactive effect of Skipper v. South Carolina is limited to cases pending on direct appeal and shall not apply on collateral attack. See Shea v. Louisiana 470 U. S. 51, 105 S. Ct. 1065, 84 L.Ed.2d.38 (1985); Solem v. Stumes, 465 U. S. 638, 104 S. Ct. 1338, 79 L.Ed.2d 579 (1984); McClary v. State, 287 S.C. 160, 337 S. E. (2d) 218 (1985). The petition for rehearing is therefore denied.

It is so ordered.

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ORDER

Ness, Chief Judge:

This case is before the Court on a petition for rehearing. Petitioner asserts he is entitled to have his death sentence vacated on the basis of Skipper v. South Carolina, _ U. S. _, 106 S. Ct. 1669, 90 L.Ed.2d 1 (1986), which was decided while this postconviction relief matter was pending.

[489]*489The retroactive effect of Skipper v. South Carolina is limited to cases pending on direct appeal and shall not apply on collateral attack. See Shea v. Louisiana 470 U. S. 51, 105 S. Ct. 1065, 84 L.Ed.2d.38 (1985); Solem v. Stumes, 465 U. S. 638, 104 S. Ct. 1338, 79 L.Ed.2d 579 (1984); McClary v. State, 287 S.C. 160, 337 S. E. (2d) 218 (1985). The petition for rehearing is therefore denied.

It is so ordered.

Truesdale v. Aiken, 347 S.E.2d 101, 289 S.C. 488, 1986 S.C. LEXIS 482 (S.C. 1986).

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Opinion

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