Exhaustion of State Remedies in Criminal and Post-Conviction Relief Cases, In re
Decision Date | 11 July 1990 |
Docket Number | POST-CONVICTION |
Court | South Carolina Supreme Court |
Parties | Re EXHAUSTION OF STATE REMEDIES IN CRIMINAL ANDRELIEF CASES. |
In 1979, the General Assembly created the South Carolina Court of Appeals for the purpose of reducing South Carolina's appellate backlog. The Court of Appeals reviews criminal as well as civil appeals, and this Court reviews its decisions by writ of certiorari only where special reasons justify the exercise of that power.
We recognize that criminal and post-conviction relief litigants have routinely petitioned this Court for writ of certiorari upon the Court of Appeals' denial of relief in order to exhaust all available state remedies. 1 We therefore declare that in all appeals from criminal convictions or post-conviction relief matters, a litigant shall not be required to petition for rehearing and certiorari following an adverse decision of the Court of Appeals in order to be deemed to have exhausted all available state remedies respecting a claim of error. Rather, when the claim has been presented to the Court of Appeals or the Supreme Court, and relief has been denied, the litigant shall be deemed to have exhausted all available state remedies. This order shall become effective immediately.
IT IS SO ORDERED.
/s/ George T. Gregory, Jr. C.J.
/s/ David W. Harwell A.J.
/s/ A. Lee Chandler A.J.
/s/ Ernest A. Finney, Jr. A.J.
/s/ Jean H. Toal A.J.
1 See 28 U.S.C.A. § 2254(b)-2254(c) (1977).
To continue reading
Request your trial-
Mahdi v. Stirling
...on other grounds by United States v. Barnette, 644 F.3d 192 (4th Cir. 2011); see also In re Exhaustion of State Remedies in Criminal and Post-Conviction Relief Cases, 471 S.E.2d 454, 454 (S.C. 1990) (holding that "when the claim has been presented to the Court of Appeals or the Supreme Cour......
-
Thompson v. McFadden
...to have exhausted all available state remedies respecting a claim of error.") (quoting In re Exhaustion of State Remedies in Criminal and Post-Conviction Relief, 471 S.E.2d 454, 454 (S.C. 1990)). b. Procedural Bypass Procedural bypass, sometimes referred to as procedural bar or procedural d......
-
Lambert v. Blackwell
...quoted with approval from a declaration of the Supreme Court of South Carolina, In re Exhaustion of State Remedies in Criminal and Post-Conviction Relief Cases, 321 S.C. 563, 564, 471 S.E.2d 454 (1990). As will be readily apparent, except for the difference in the name of the South Carolina......
-
Rivera v. Lewis
...to have exhausted all available state remedies respecting a claim of error") (quoting In re Exhaustion of State Remedies in Criminal and Post-Conviction Relief Cases, 471 S.E.2d 454, 454 (S.C. 1990)). b) Procedural Bypass Procedural bypass, sometimes referred to as procedural bar or procedu......