©2017

South Carolina Post-Conviction Relief Manual, Third Edition
Ashley Haworth, Paralegal, J. Rutledge Johnson, Esquire and Jessica E. Kinard, Esquire

So you’ve been appointed, now what? Where do you start? What are the rules? The procedure? What is the law? Is PCR really in your client’s best interest?

The South Carolina Post-Conviction Relief Manual, Third Edition can help guide you through the PCR process step-by-step. The Third Edition has been totally updated and revised since publication of the Second Edition in 2008. This Manual is a helpful and practical resource covering such topics as persons eligible to file a PCR application; jurisdiction and venue; the answer/return; remedies available; motions; appointment of counsel; hearings; summary dismissal; general claims and allegations; and, orders of dismissal and appeals of PCRs. Also included in the book are: a PCR application (Form 5), an indictment, a subpoena, a sentencing sheet, an attorney/GAL appointment form, PCR hearing prep sheet, witness questions for PCR hearing, and a notice of appeal. New for the Third Edition the entire text of the book is included on an accompanying CD. If you are on the contract list or thinking about become a contract PCR attorney, you need this book.

Summary of Contents:
Persons Who May File PCR Applications

Applications – Form and Sufficiency

Custody Requirement

Statute of Limitations

Jurisdiction and Venue

Answer or Return

Competency at PCR Hearing

Appointment of Counsel

Amendment of Application

Discovery and Experts

Summary Dismissal

Default Judgment in PCR Cases

Withdrawal of Application

Hearings-General Considerations

Hearings on Threshold Issues

Hearing on Merits of Application – General Considerations

Substantive Law Governing PCR Allegations

Remedies Available in PCR

Disposition of Actions

Right to Appeal PCR

Review by Supreme Court

Specific Instances of Ineffective/Effective Assistance of Counsel

Collateral Consequences of Sentencing

Appendices