Hiott v. State

Justice BEATTY:

Milton Hiott’s application for post-conviction relief (PCR) was denied. The PCR judge found Hiott’s testimony and claims were frivolous and sanctioned him $3,000 pursuant to Rule 11 of the South Carolina Rules of Civil Procedure. The Court of Appeals affirmed, holding as a matter of first impres sion that Rule 11 is applicable in PCR proceedings. Hiott v. State, 375 S.C. 354, 652 S.E.2d 436 (Ct.App.2007). We granted Hiott’s petition for a writ of certiorari and now reverse.

I. FACTS

Hiott was convicted of incest with his daughter after a two-day criminal trial on January 16 and…