281 S.C. 237 - Webb v. State

How this case has been cited

Cited by 25 later decisions — most recently March 2016 · most notably Cherry v. State (1989), Caprood v. State (2000)

23 state decisions

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.

Harwell, Justice:

¶1 The State appeals from the grant of postconviction relief to respondent Robert Michael Webb. We affirm.

¶2 This is the first petition for certiorari granted under Rule 50(9) of the Rules of this Court. Therefore, we shall set forth the scope of review and other procedural considerations which apply to these appeals. The appropriate scope of review is that “any evidence” of probative value to support the post-conviction judge’s factual findings is sufficient to uphold those findings on appeal. Griffin v. Warden, 277 S. C. 288, 286 S. E. (2d) 145 (1982), cert. denied, 459 U. S. 942, 103 S. Ct. 255, 74 L. Ed. (2d) 199 (1982). Review under this procedure is a review on the merits without oral argument. See Saunders v. Reynolds, 214 Va. 697, 204 S. E. (2d) 421 (1974). When a petition for certiorari under Rule 50(9) is granted, we shall advance on the docket and give preference to the appeal.

¶3 The trial court’s grant of postconviction relief was proper under McDuffie v. State, 276 S. C. 229, 277 S. E. (2d) 595 (1981) and Carafas v. La Vallee, 391 U. S. 234, 88 S. Ct. 1556, 20 L. Ed. (2d) 554 (1968). We affirm his order under Supreme Court Rule 23.

¶4 *239 Affirmed.

Littlejohn, C. J. Ness and Gregory, JJ., and Paul M. Moore, as Acting Associate Justice, concur.