Haggins v. State, 377 S.C. 135

659 S.E.2d 170 (2008) · Supreme Court of South Carolina · March 24, 2008 · No. No. 26463

Summary

The Supreme Court of South Carolina dismissed as improvidently granted the State’s writ of certiorari seeking review of the Court of Appeals’ informal letter denial of a Rule 227 petition in a post-conviction relief matter. The court held that it will not entertain Rule 226 petitions reviewing such letter denials because the Court of Appeals’ discretionary denial does not constitute a special reason justifying Supreme Court review.

Holdings

  1. The Supreme Court will not entertain Rule 226 petitions seeking review of a Court of Appeals letter denial of a Rule 227 certiorari petition in a PCR matter when the Court of Appeals has exercised its discretion and issued no formal opinion or order.

Questions Presented

  1. Whether the Supreme Court should entertain a Rule 226 petition seeking review of the Court of Appeals' discretionary denial of a Rule 227 PCR certiorari petition by informal letter.
  2. Whether the Court of Appeals' denial of PCR certiorari constitutes a special reason justifying the Supreme Court's exercise of certiorari jurisdiction.

Disposition

dismissed

Cases Cited (3)

  • In re Exhaustion of State Remedies in Criminal and Post-Conviction Relief Cases, 321 S.C. 563, 471 S.E.2d 454 (1990)(followed)
  • Douglas v. State, 369 S.C. 213, 631 S.E.2d 542 (2006)(followed)
  • Dunlap v. State, 371 S.C. 585, 641 S.E.2d 431 (2007)(followed)

Cited In (0)

No citing cases on record yet.

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