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2009-MO-005 - Gadsden v. State

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


Ervin Maurice Gadsden, Respondent,

v.

State of South Carolina, Petitioner.


Appeal From Charleston County
 William P. Keesley, Circuit Court Judge


Memorandum Opinion No. 2009-MO-005
Submitted November 19, 2008 – Filed January 26, 2009  


DISMISSED AS IMPROVIDENTLY GRANTED


Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General S. Prentiss Counts, all of Columbia, for Petitioner.

Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Respondent.


PER CURIAMWe granted a writ of certiorari to review the PCR judge’s ruling.  After careful consideration of the record and briefs, the writ of certiorari is

DISMISSED AS IMPROVIDENTLY GRANTED. 

TOAL, C.J., WALLER, BEATTY and KITTREDGE, JJ., concur. PLEICONES, J., not participating.