History
  • No items yet
midpage
347 S.E.2d 101
S.C.
1986

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); McClary v. State, 287 S.C. 160, 337 S. E. (2d) 218 (1985). The petition for rehearing is therefore denied.

It is so ordered.

Case Details

Case Name: Truesdale v. Aiken
Court Name: Supreme Court of South Carolina
Date Published: Jul 9, 1986
Citations: 347 S.E.2d 101; 1986 S.C. LEXIS 482; 289 S.C. 488
Court Abbreviation: S.C.
AI-generated responses must be verified
and are not legal advice.
Log In