466 F. Supp. 2d 641 - Pettinato v. Eagleton’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Austin v. State, the Supreme Court of South Carolina reversed the summary dismissal of a second PCR application and remanded for an evidentiary hearing, where the petitioner alleged in his second application that his first PCR counsel was ineffective for failing to seek appellate review. 305 S.C. 453 , 409 S.E.2d 395 (1991). Specifically, the court stated: “Because petitioner is entitled to the assistance of appellate counsel on PCR, and because we must craft a remedy to correct the unfairness which has occurred, we find his allegation that counsel failed to seek review in this case sufficiently states a claim for ineffective assistance.” Austin, 305 S.C. at 454 , 409 S.E.2d at 396 . Thus, “[u]nder Austin , a defendant can appeal a denial of a PCR application after the statute of limitations has expired if the defendant either requested and was denied an opportunity to seek appellate review, or did not knowingly and intelligently waive the right to appeal.” Odom v. State, 337 S.C. 256, 260, 263 , 523 S.E.2d 753, 755, 756 (1999) (“The one-year statute of limitations for PCR applications is not applicable to appeals filed pursuant to Austin v. State.”); see also Whitehead v. State, 352 S.C. 215, 219 , 574 S.E.2d 200, 202 (2002) (“We have held that the PCR statute of limitations found in S.C.Code Ann. 17-27~45(A) (Supp.2001) does not apply to Austin claims.”).”

   1 later decision quote this exact passage · from the dissent
   e.g. 518 F. Supp. 2d 700 - McHoney v. South Carolina