Kerr v. State

WALLER, Justice:

We granted the parties’ cross-petitions for certiorari to review the post-conviction relief court’s order granting relief to respondent/petitioner James Kerr, Sr. We affirm in result.

FACTS

Kerr was indicted in January 1988 for trafficking in cocaine. After a bench trial in February 1988, he was convicted and sentenced to 25 years imprisonment and a $50,000 fine. This Court affirmed his conviction. State v. Kerr, 299 S.C. 108, 382 S.E.2d 895 (1989).

Kerr was released on parole in September 1993. It is undisputed 1 that Kerr successfully resumed his place in the community,…