Hitter v. McLeod
Supreme Court of South Carolina
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
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Fay v. NoiaSupreme Court of the United States · 1963
- Dobbert v. FloridaSupreme Court of the United States · 1977
- Power v. McNairSupreme Court of South Carolina · 1970
- State v. RodgersSupreme Court of South Carolina · 1978
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3Cited by5 opinions
- Waters v. South Carolina Land Resources Conservation CommissionSupreme Court of South Carolina · 1996
- Horry County v. ParbelCourt of Appeals of South Carolina · 2008
- State v. LoganSupreme Court of South Carolina · 1982
- Waters v. LAND RESOURCES CONS. COM'NSupreme Court of South Carolina · 1996
- Crews v. W.R. Crews, Inc.Court of Appeals of South Carolina · 2010