Kelly v. State
745 S.E.2d 377
S.C.2013Background
- Petitioner filed a third application for state post-conviction relief (PCR); the circuit court dismissed it as successive and untimely.
- Petitioner appealed, arguing the dismissal was erroneous in light of the U.S. Supreme Court decision in Martinez v. Ryan (ineffective assistance of counsel in initial-review collateral proceedings can excuse federal habeas procedural default).
- Martinez addressed only whether ineffective assistance in initial-review collateral proceedings can provide cause to excuse procedural default in federal habeas proceedings.
- The South Carolina court considered whether Martinez alters state PCR procedure or provides relief in state post-conviction proceedings.
- The court reviewed other jurisdictions’ decisions concluding Martinez is limited to federal habeas review and does not apply to state PCR procedural bars.
- The court concluded Martinez does not apply to state post-conviction relief and dismissed the appeal (Rule 243(c), SCACR).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martinez v. Ryan allows petitioner to avoid state PCR procedural bars | Martinez creates cause to excuse successive/untely state PCR filing | Martinez applies only to federal habeas procedure, not state PCR | Held: Martinez is limited to federal habeas and does not apply to state PCR; petitioner’s argument fails |
| Whether the circuit court erred in dismissing the third PCR application as successive/untimely | Dismissal should be excused because of Martinez-based cause | Dismissal proper under state law; Martinez inapplicable | Held: No error; dismissal affirmed (appeal dismissed) |
Key Cases Cited
- Martinez v. Ryan, 132 S. Ct. 1309 (U.S. 2012) (held ineffective assistance in initial-review collateral proceedings can provide cause to excuse procedural default in federal habeas)
- Gore v. State, 91 So. 3d 769 (Fla. 2012) (Martinez does not provide basis for relief in state court PCR proceedings)
- Logan v. State, 377 S.W.3d 623 (Mo. Ct. App. 2012) (Martinez limited to federal habeas and does not reopen state PCR process)
- Commonwealth v. Saunders, 60 A.3d 162 (Pa. Super. Ct.) (recognizing Martinez’s limited application to federal habeas procedure)