McClary v. State, 337 S.E.2d 218

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.