Supreme Court of South Carolina, 1985

McClary v. State

McClary v. State
Supreme Court of South Carolina · Decided November 19, 1985 · Finney
337 S.E.2d 218; 287 S.C. 160; 1985 S.C. LEXIS 520 (South Eastern Reporter, Second Series)

McClary v. State

Opinion

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.

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