McClary v. State
Cases that cite this one
5 later published cases cite this decision.
- Yates v. Aiken (S.C. 1986)
- Yates v. Aiken (S.C. 1986)
- Yates v. Aiken (S.C. 1989)
- State v. Philip Guderyon (S.C. 2025)
- Truesdale v. Aiken (S.C. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.