Public-domain · open source
OpenJurist

277 S.C. 474

289 S.E.2d 413

Case v. State

Supreme Court of South Carolina

Decided March 10, 1982

Supreme Court of South Carolina · decided 1982-03-10

Applies SC 17 § 17-27-90

Relies on Rogers v. State · Delaney v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-03-10

How this case has been cited

Cited by 19 later decisions — most recently December 2016

3 federal appellate · 10 state decisions

1201982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam:

¶1 Appellant entered a guilty plea to a charge of housebreaking and was sentenced to five (5) years’ imprisonment. In August 1978 he filed an application for Post-Conviction Relief without assistance of legal counsel. He alleged two instances of ineffective assistance of counsel prior to the entering of his plea. The application was dismissed without a hearing *475 on the basis it lacked specificity. Appellant did not appeal the dismissal.

¶2 In May 1980 appellant filed the application which is the subject o£ this appeal. He alleged ineffective assistance of counsel and an involuntary guilty plea. The lower court dismissed the application as successive under S. C. Code Ann. § 17-27-90 (1976).

¶3 After reviewing the entire record and considering the unique combination of facts in this case, we hold appellant’s application warrants a hearing despite its successiveness. See generally Rogers v. State, 261 S. C. 288, 199 S. E. (2d) 761 (1973); Delaney v. State, 269 S. C. 555, 238 S. E. (2d) 679 (1977); Uniform Post-Conviction Procedure Act, Rule 5.

¶4 We reverse the dismissal of appellant’s application for Post-Conviction Relief and remand for a hearing on the merits of his allegations.

/277/sc/474 · .json · Public domain