Public-domain · open source
OpenJurist

287 S.C. 160

337 S.E.2d 218

McClary v. State

Supreme Court of South Carolina

Decided November 19, 1985

Supreme Court of South Carolina · decided 1985-11-19

Cited by 3 later decisions — most recently February 1989

3 state decisions

Relies on Shea v. Louisiana · State v. Elmore · State v. Woods

Good law ✅— No negative treatment on recordhow we know

Decided 1985-11-19

View the full empirical analysis of this case →

¶1 ORDER

¶2 This matter comes before the Court on a petition for a writ of certiorari after the denial of McClary’s petition for post-conviction relief. The petition is denied.

¶3 We take this opportunity to clarify our holding in State v. Woods, 282 S. C. 18, 316 S. E. (2d) 673 (1984). In Woods, we held that our decision in State v. Elmore, 279 S. C. 417, 308 S. E. (2d) 781 (1983), would be applied retroactively. Adopting the reasoning of Shea v. Louisiana, 470 U. S. _, 105 S. Ct. 1065, 84 L.Ed. (2d) 38 (1985), we now hold that Elmore’s retroactive effect will be limited to cases pending on direct appeal and will not apply to collateral attacks on criminal convictions.

Finney, J., not participating.
/287/sc/160 · .json · Public domain