Kelly v. State

ORDER

Petitioner has filed a notice of appeal from an order denying his third application for post-conviction relief as successive and untimely. Petitioner argued to the circuit court and now argues to this Court in the explanation required by Rule 243(c), SCACR, that his application should not have been dismissed in light of the United States Supreme Court’s recent decision in Martinez v. Ryan, - U.S. -, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012).

In Martinez, the “precise question” addressed by the United States Supreme Court is “whether ineffective assistance in an initial review collateral…