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VON DOHLEN v. STATE

No. 25861.

360 S.C. 598 (2004)

602 S.E.2d 738

Herman Henry "Bud" VON DOHLEN, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided August 30, 2004.

Rehearing Denied October 6, 2004.

Attorney(s) appearing for the Case

Teresa L. Norris, of the Center for Capital Litigation, of Columbia; Jeffrey P. Bloom, of Columbia; and Acting Chief Attorney Joseph L. Savitz, III, of the South Carolina Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent.

Justice BURNETT:

We granted the petition for a writ of certiorari from Herman Henry "Bud" Von Dohlen (Petitioner) to consider whether the post-conviction relief (PCR) judge erred in denying Petitioner's request for a new sentencing proceeding. We reverse and grant Petitioner a new sentencing proceeding.

FACTUAL AND PROCEDURAL HISTORY

Petitioner, then age 35, averred in a signed confession to law enforcement...

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