McClary v. State

Supreme Court of South Carolina

McClary v. State

337 S.E.2d 218, 287 S.C. 160, 1985 S.C. LEXIS 520

Supreme Court of South Carolina·Decided November 19, 1985·Published·Cited by 7 cases

Opinion

ORDER

This matter comes before the Court on a petition for a writ of certiorari after the denial of McClary’s petition for post-conviction relief. The petition is denied.

We take this opportunity to clarify our holding in State v. Woods, 282 S. C. 18, 316 S. E. (2d) 673 (1984). In Woods, we held that our decision in State v. Elmore, 279 S. C. 417, 308 S. E. (2d) 781 (1983), would be applied retroactively. Adopting the reasoning of Shea v. Louisiana, 470 U. S. _, 105 S. Ct. 1065, 84 L.Ed. (2d) 38 (1985), we now hold that Elmore’s retroactive effect will be limited to cases pending on direct appeal and will not apply to collateral attacks on criminal convictions.

Finney, J., not participating.

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ORDER

This matter comes before the Court on a petition for a writ of certiorari after the denial of McClary’s petition for post-conviction relief. The petition is denied.

We take this opportunity to clarify our holding in State v. Woods, 282 S. C. 18, 316 S. E. (2d) 673 (1984). In Woods, we held that our decision in State v. Elmore, 279 S. C. 417, 308 S. E. (2d) 781 (1983), would be applied retroactively. Adopting the reasoning of Shea v. Louisiana, 470 U. S. _, 105 S. Ct. 1065, 84 L.Ed. (2d) 38 (1985), we now hold that Elmore’s retroactive effect will be limited to cases pending on direct appeal and will not apply to collateral attacks on criminal convictions.

Finney, J., not participating.

McClary v. State, 337 S.E.2d 218, 287 S.C. 160, 1985 S.C. LEXIS 520 (S.C. 1985).

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Opinion

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