Garner v. State

Summary

The South Carolina Supreme Court holds that a post-conviction relief order must resolve all issues presented and include specific findings of fact and conclusions of law to constitute a final, reviewable judgment. Because the PCR order dismissed some allegations without prejudice and did not finally resolve all issues, the court dismissed the notice of appeal without prejudice and remanded for entry of a final order.

Holdings

1. A PCR order that does not include specific findings of fact and conclusions of law on each issue presented, but dismisses some issues without prejudice to their assertion in a future PCR proceeding, is not a final order or judgment under the Uniform Post-Conviction Relief Act and is not reviewable by writ of certiorari.
2. The notice of appeal must be dismissed without prejudice, and the matter must be remanded for the PCR judge to issue a final order resolving all issues raised in the PCR application and the State's motion to dismiss.

Questions Presented

1. Whether the PCR court's order was a final judgment reviewable by writ of certiorari when it dismissed some claims without prejudice and did not rule on every issue presented.
2. Whether the case should be remanded for entry of a final PCR order addressing all claims and the State's motion to dismiss.

Disposition

dismissed