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TODD v. STATE

No. 25693.

355 S.C. 396 (2003)

585 S.E.2d 305

Larry R. TODD, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided August 11, 2003.

Rehearing Denied October 8, 2003.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Allen Bullard, Assistant Attorney General Edgar R. Donnald, and Chief, Capital & Collateral Litigation Donald J. Zelenka, all of Columbia, for Petitioner.

John Christopher Mills, of Columbia, for Respondent.

Chief Justice TOAL:

The State argues that the post-conviction relief ("PCR") judge erred in granting respondent's PCR application because the trial judge's reasonable doubt charge was unconstitutional.

FACTUAL/PROCEDURAL BACKGROUND

Larry Todd ("Todd") was convicted of murder and assault with intent to commit first degree criminal sexual assault ("CSC") in 1985 and was sentenced to life imprisonment...

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