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Whitner v. State
South Carolina Supreme Court
492 S.E.2d 777 (S.C. 1997), cert. denied, 523 U.S. 1145 (1998)
Cornelia Whitner (defendant) gave birth to a baby who was born with cocaine metabolites in its system. The State of South Carolina (plaintiff) charged Whitner with child abuse and endangerment. Whitner initially pleaded guilty and was sentenced to eight years in prison. Whitner did not appeal the conviction, but she later filed a petition for post-conviction relief. Whitner argued that the trial court did not have subject-matter jurisdiction and ineffective assistance of counsel. The trial court granted the petition, and the state appealed.
Rule of Law
Holding and Reasoning (Toal, J.)
Dissent (Moore, J.)
Dissent (Finney, C.J.)
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