State v. Torrence

(concurring in result and joining Justice Chandler’s concurrence in result):

I join my brother Chandler’s concurrence in result in toto. I too would overrule State v. Atkins, 293 S.C. 294, 360 S.E. (2d) 302 (1987). However, I write separately for the majority of this Court for the purpose of expressing our abolition of the outdated doctrine of in favorem vitae.9 This doctrine served a useful function for many years, but today, in light of advances in the quality of legal representation; in light of the many protections and avenues of relief available to criminal defendants; and in light of the…