Case v. State, 289 S.E.2d 413

Per Curiam:

Appellant entered a guilty plea to a charge of housebreaking and was sentenced to five (5) years’ imprisonment. In August 1978 he filed an application for Post-Conviction Relief without assistance of legal counsel. He alleged two instances of ineffective assistance of counsel prior to the entering of his plea. The application was dismissed without a hearing on the basis it lacked specificity. Appellant did not appeal the dismissal.

In May 1980 appellant filed the application which is the subject o£ this appeal. He alleged ineffective assistance of counsel and an involuntary guilty plea. The lower court dismissed the application as successive under S. C. Code Ann. § 17-27-90 (1976).

After reviewing the entire record and considering the unique combination of facts in this case, we hold appellant’s application warrants a hearing despite its successiveness. See generally Rogers v. State, 261 S. C. 288, 199 S. E. (2d) 761 (1973); Delaney v. State, 269 S. C. 555, 238 S. E. (2d) 679 (1977); Uniform Post-Conviction Procedure Act, Rule 5.

We reverse the dismissal of appellant’s application for Post-Conviction Relief and remand for a hearing on the merits of his allegations.

Case Details

Case Name: Case v. State

Court Name: Supreme Court of South Carolina

Date Published: Mar 10, 1982

Citations: 289 S.E.2d 413; 277 S.C. 474; 1982 S.C. LEXIS 297; 21671

Docket Number: 21671

Court Abbreviation: S.C.