Legal Opinion

Re Exhaustion of State Remedies in Criminal & Postconviction Relief Cases

Supreme Court of South Carolina

Decided July 11, 1990PublishedCited by 48 opinions

1Opinion of the Court

ORDER

In 1979, the General Assembly created the South Carolina Court of Appeals for the purpose of reducing South Carolina’s appellate backlog. The Court of Appeals reviews criminal as well as civil appeals and this Court reviews its decisions by writ of certiorari only where special reasons justify the exercise of that power.

We recognize that criminal and postconviction relief litigants have routinely petitioned this Court for writ of certiorari upon the Court of Appeals’ denial of relief in order to exhaust all available state remedies.1 We therefore declare that in all appeals from criminal…

2Cited by48 opinions

  1. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  2. Lambert v. BlackwellCourt of Appeals for the Third Circuit · 2004
  3. Frank E. Adams v. Flora J. Holland, WardenCourt of Appeals for the Sixth Circuit · 2003
  4. Lambert v. BlackwellCourt of Appeals for the Third Circuit · 2004
  5. In Re Abu-Ali Abdur'rahman, Movant. Abu-Ali Abdur'rahman v. Ricky Bell, WardenCourt of Appeals for the Sixth Circuit · 2004

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API