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McClary v. StateMcClary v. State

Supreme Court of South Carolina
Nov 19, 1985
Versions:337 S.E.2d 218
287 S.C. 160
1985 S.C. LEXIS 520

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.

Case Details

Case Name: McClary v. State
Court Name: Supreme Court of South Carolina
Date Published: Nov 19, 1985
Citations: 337 S.E.2d 218; 287 S.C. 160; 1985 S.C. LEXIS 520
Court Abbreviation: S.C.
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