McDuffie v. State

Ness, Justice:

Appellant Charles T. McDuffie appeals from an order granting summary judgment to the State and dismissing his application for post conviction relief because he lacked standing. We reverse.

McDuffie was convicted of assault and battery of a high and aggravated nature in South Carolina in 1966. It is un-contradicted that he served the sentence and has been unconditionally released. He is currently serving a prison sentence in North Carolina on an unrelated charge. McDuffie alleged in his application for relief that the 1966 South Carolina conviction is being used to adversely…