Legal Opinion

Hitter v. McLeod

Supreme Court of South Carolina

Decided May 12, 1980No. 21224PublishedCited by 5 opinions

1Opinion of the Court

Gregory, Justice:

Respondent Michael Hitter brought this class action seeking a declaratory judgment that the 1977 Death Penalty Act 1 cannot be applied to persons charged with a murder committed prior to the effective date of the Act. 2 Attorney General Daniel R. McLeod’s demurrer to the complaint was overruled 3 by the circuit court and he appeals. We dismiss the action.

Hitter was found guilty of murder and sentenced to life imprisonment pursuant to Section 16-52 (1962 Code) on March 7, 1974. The offense occurred and Hitter was tried, convicted and sentenced during the interim period between…

2Cases cited11 opinions

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. Fay v. NoiaSupreme Court of the United States · 1963
  3. Dobbert v. FloridaSupreme Court of the United States · 1977
  4. Power v. McNairSupreme Court of South Carolina · 1970
  5. State v. RodgersSupreme Court of South Carolina · 1978

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Waters v. South Carolina Land Resources Conservation CommissionSupreme Court of South Carolina · 1996
  2. Horry County v. ParbelCourt of Appeals of South Carolina · 2008
  3. State v. LoganSupreme Court of South Carolina · 1982
  4. Waters v. LAND RESOURCES CONS. COM'NSupreme Court of South Carolina · 1996
  5. Crews v. W.R. Crews, Inc.Court of Appeals of South Carolina · 2010

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