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Truesdale v. Aiken

Supreme Court of South Carolina
Jul 9, 1986
289 S.C. 488 (S.C. 1986)

Opinion

July 9, 1986.


July 9, 1986.

ORDER


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.

The 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.


Summaries of

Truesdale v. Aiken

Supreme Court of South Carolina
Jul 9, 1986
289 S.C. 488 (S.C. 1986)
Case details for

Truesdale v. Aiken

Case Details

Full title:Louis J. TRUESDALE, Jr., Petitioner v. James AIKEN, Warden, et al.…

Court:Supreme Court of South Carolina

Date published: Jul 9, 1986

Citations

289 S.C. 488 (S.C. 1986)
347 S.E.2d 101

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