Robertson v. South Carolina
Annotate this CaseIn this capital Post-Conviction Relief ("PCR") case, petitioner James Robertson filed a second PCR application alleging, among other things, that his prior PCR counsel were not qualified under section 17-27160(B) of the South Carolina Code and failed to competently represent him. Without a hearing, the PCR judge dismissed the application on the grounds that it was successive and barred by the one-year statute of limitations and laches. The South Carolina Supreme Court granted certiorari to review the circuit court's dismissal of Petitioner's application. Petitioner argued his second PCR application should not have been summarily dismissed as successive because his case presented unique circumstances warranting review of prior PCR counsel's assistance under "Martinez v. Ryan," (132 S. Ct. 1309 (2012)). The South Carolina Court found that there was indeed a genuine issue of fact as to whether prior PCR counsel were statutorily qualified, and that petitioner should have been afforded a hearing on this limited issue. As such, the Court reversed and remanded for further proceedings.
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