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2004-MO-036 - Elmore v. Evatt

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Edward Lee Elmore,        Petitioner,

v.

Parker Evatt, Director, Department of Corrections,        Respondent.


Appeal From Greenwood County
J. Ernest Kinard, Jr., Circuit Court Judge


Memorandum Opinion No. 2004-MO-036
Heard May 27, 2004 - Filed July 12, 2004


DISMISSED AS IMPROVIDENTLY GRANTED


Barry C. Scheck and Christopher Jensen, both of New York, John H. Blume, III, S.C. Office of Appellate Defense, and Diana L. Holt, 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 Respondents.


JUSTICE WALLER:  We granted a writ of certiorari to review the denial of Petitioner’s application for post-conviction relief (PCR).  After thoroughly reviewing the appendix in this case, we find there is probative evidence supporting the findings of the PCR judge.  Accordingly, we dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

PLEICONES., and Acting Justices James C. Williams, Jr., L. Casey Manning and Clifton B. Newman, concur.