Truesdale v. Aiken
| Decision Date | 09 July 1986 |
| Citation | 289 S.C. 488,347 S.E.2d 101 |
| Parties | Louis J. TRUESDALE, Jr., Petitioner, v. James AIKEN, Warden, et al., Respondents. |
| Court | South Carolina Supreme Court |
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 post-conviction relief matter was pending.
The 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.
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Truesdale v. Moore
...1878, 85 L.Ed.2d 170 (1985). After the South Carolina courts denied his application for postconviction relief (PCR), Truesdale v. Aiken, 289 S.C. 488, 347 S.E.2d 101 (1986), however, the United States Supreme Court granted Truesdale's petition for a writ of certiorari and vacated his death ......
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