Legal Opinion
Gary v. State
Supreme Court of South Carolina
Decided December 17, 2001No. 25391PublishedCited by 5 opinions
1Opinion of the Court
MOORE, Justice:
Petitioner’s application for post-conviction relief (PCR) was dismissed as time-barred under S.C.Code Ann. § 17-27-45(A) (Supp.2000). We remand.
FACTS
Petitioner pled guilty to murder and was sentenced to thirty years on October 25, 1995. No direct appeal was taken. More than a year later, on November 5,1996, petitioner filed a PCR application asserting he was indigent and alleging trial counsel was ineffective in advising him to plead guilty.
In response to petitioner’s application, the State filed a motion to dismiss on the ground the action was barred by the one-year limitation…
2Cases cited5 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Al-Shabazz v. StateSupreme Court of South Carolina · 2000
- Palacio v. StateSupreme Court of South Carolina · 1999
- Whitehead v. StateSupreme Court of South Carolina · 1992
- Fox v. UNION-BUFFALO MILLSSupreme Court of South Carolina · 1955
3Cited by5 opinions
- Pelzer v. StateCourt of Appeals of South Carolina · 2008
- Richardson v. StateSupreme Court of South Carolina · 2008
- Cretzmeyer Ex Rel. Estate of Cretzmeyer v. BlochSupreme Court of South Carolina · 2005
- Mose v. StateSupreme Court of South Carolina · 2017
- Tucker v. RushtonDistrict Court, D. South Carolina · 2009