Johnson v. Catoe

MOORE, Justice:

We have accepted this case in our original jurisdiction to consider whether our decision in Whetsell v. State, 276 S.C. 295, 277 S.E.2d 891 (1981), procedurally bars collateral review of guilt phase issues raised by a capital defendant who admits *356guilt during the sentencing phase of trial. We hold it does not.

FACTS

In 1985, petitioner Johnson fatally shot a motorist, Dan Swanson, with whom he had hitched a ride. Petitioner concealed the body in the back of the victim’s recreational vehicle and continued driving. When Trooper Bruce Smalls stopped petitioner for driving…