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276 S.C. 249

277 S.E.2d 692

Harden v. State

Supreme Court of South Carolina

Decided April 27, 1981

Supreme Court of South Carolina · decided 1981-04-27

Cited by 3 later decisions — most recently April 2013

3 state decisions

Relies on McCall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-04-27

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Littlejohn and Gregory, Justices

¶1(concurring) :

¶2We concur in the result of the per curiam opinion of Chief Justice Lewis and Mr. Justice Ness but on the record before us deem it unnecessary and inappropriate to overrule either Cross or Beaver.

¶3There has been no application in keeping with the rules of this Court to attack, modify or overrule either opinion which followed the generally accepted law and the minimum standards for Criminal Justice of the American Bar Association when issued.

¶4The effect of our brothers’ view would be to adopt a new concept of the standards and overrule our own decisions. A new rule as far reaching as that proposed should take place only after notification to the Attorney General and interested members of both bench and bar and fully briefed for this Court.

¶5*258Here, we simply hold the trial judge’s finding that the plea was voluntary is amply supported by the record. McCall v. State, 258 S. C. 463, 189 S. E. (2d) 6 (1972). We, too, would affirm.

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