Bryson v. State, 24715
| Citation | 328 S.C. 236,493 S.E.2d 500 |
| Decision Date | 17 November 1997 |
| Docket Number | No. 24715,24715 |
| Court | United States State Supreme Court of South Carolina |
| Parties | Norman BRYSON, Petitioner, v. STATE of South Carolina, Respondent. |
Assistant Appellate Defender Robert M. Pachak, of the South Carolina Office of Appellate Defense, for petitioner.
Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa A. Knox, and Assistant Attorney General Barbara M. Tiffin, Columbia, for respondent.
Petitioner has filed a petition for a writ of certiorari with this Court in which he maintains the order dismissing his post-conviction relief application does not comply with S.C.Code Ann. § 17-27-80 (1985) and Rule 52(a), SCRCP, because it does not contain specific findings of fact and conclusions of law with regard to each issue raised in his application and at the hearing thereon. See also Pruitt v. State, 310 S.C. 254, 423 S.E.2d 127 (1992); McCray v. State, 305 S.C. 329, 408 S.E.2d 241 (1991). Petitioner asks the Court to remand this matter to the post-conviction relief judge to make proper findings of fact and conclusions of law. The State opposes the request and submits the order of dismissal properly addresses each issue raised by petitioner.
We hereby grant the petition for a writ of certiorari, dispense with further briefing, vacate the order of dismissal, and remand this matter to the post-conviction relief judge to make specific findings of fact and conclusions of law as to each issue raised by petitioner in his post-conviction relief application and at the hearing thereon.
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Fishburne v. State
...to issue an order addressing its decision to dismiss [the applicant's] second application as successive."); Bryson v. State , 328 S.C. 236, 236-37, 493 S.E.2d 500, 500 (1997) (vacating the order of dismissal and remanding to the PCR court to make specific findings of fact and conclusions of......
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Reese v. State, Appellate Case No. 2017-001110
...); Hall v. Catoe , 360 S.C. 353, 364-65, 601 S.E.2d 335, 341 (2004) (repeating our admonition from Pruitt ); Bryson v. State , 328 S.C. 236, 236-37, 493 S.E.2d 500, 500 (1997) ("remand[ing] this matter to the post-conviction relief judge to make specific findings of fact and conclusions of ......
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Marlar v. State
...admonished regarding the failure to specifically rule on the issues presented in a PCR application. See Bryson v. State, 328 S.C. 236, 236-37, 493 S.E.2d 500, 500 (1997) (vacating a PCR order and remanding the matter for specific findings of fact and conclusions of law); McCullough v. State......