Legal Opinion

Truesdale v. Aiken

Supreme Court of South Carolina

Decided July 9, 1986PublishedCited by 3 opinions

1Opinion of the Court

ORDER

Ness, Chief Judge:

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.

*489The 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);…

2Cases cited4 opinions

  1. Skipper v. South CarolinaSupreme Court of the United States · 1986
  2. Solem v. StumesSupreme Court of the United States · 1984
  3. Shea v. LouisianaSupreme Court of the United States · 1985
  4. McClary v. StateSupreme Court of South Carolina · 1985

3Cited by3 opinions

  1. Truesdale v. MooreCourt of Appeals for the Fourth Circuit · 1998
  2. Truesdale v. MooreCourt of Appeals for the Fourth Circuit · 1998
  3. Vick v. South Carolina Department of TransportationCourt of Appeals of South Carolina · 2001

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