Legal Opinion

Gibbs v. State

Supreme Court of South Carolina

Decided May 15, 2013No. Appellate Case No. 2009-137347; Nos. 27253PublishedCited by 9 opinions

1Opinion of the CourtJustice Kittredge

We granted a writ of certiorari to review the denial of Clarence Gibbs’s (Petitioner) second application for post-conviction relief (PCR). We hear this matter pursuant to Austin v. State, 305 S.C. 453, 409 S.E.2d 395 (1991), for PCR counsel failed to seek certiorari review following the denial of Petitioner’s first PCR application. After being convicted by a jury of kidnapping, armed robbery, and possession of a deadly weapon during the commission of a violent crime, and unsuccessfully pursuing a direct appeal, Petitioner sought PCR on two grounds: (1) trial counsel was ineffective for…

Also in this document: Concurrence.

2Cases cited14 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Neil v. BiggersSupreme Court of the United States · 1972
  3. Cherry v. StateSupreme Court of South Carolina · 1989
  4. State v. HoffmanSupreme Court of South Carolina · 1994
  5. Austin v. StateSupreme Court of South Carolina · 1991

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3Cited by9 opinions

  1. Burroughs v. WorshamCourt of Appeals of South Carolina · 2002
  2. Maurice Hope v. Warden CartledgeCourt of Appeals for the Fourth Circuit · 2017
  3. State v. LaneCourt of Appeals of South Carolina · 2013
  4. King v. the StateCourt of Appeals of Georgia · 2016
  5. State v. WyattSupreme Court of South Carolina · 2017

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

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