Elmore v. Evatt

• Decision Date: 12 July 2004
• Docket Number: 2004-MO-036
• Parties: Edward Lee Elmore, Petitioner, v. Parker Evatt, Director, Department of Corrections, Respondent.
• Court: South Carolina Supreme Court

Edward Lee Elmore, Petitioner, v. Parker Evatt, Director, Department of Corrections, Respondent.

No. 2004-MO-036

Supreme Court of South Carolina

July 12, 2004

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

Heard May 27, 2004

Appeal From Greenwood County, J. Ernest Kinard, Jr., Circuit Court Judge

Barry C. Scheck and Christopher Jensen, both of New York, John H. Blume, III, SC Office of Appellate Defense, and Diana L. Holt, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondents.

WALLER, JUSTICE

We granted a writ of certiorari to review the denial of Petitioner's application for post-conviction relief (PCR). After thoroughly reviewing the appendix in this case, we find there is probative evidence supporting the findings of the PCR judge. Accordingly, we dismiss the writ as improvidently granted.

DISMISSED AS IMPROVIDENTLY GRANTED.

PLEICONES., and Acting Justices James C. Williams, Jr., L. Casey Manning and Clifton B. Newman, concur.