Gamble v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the PCR rules “contemplate an adjudication on the merits of the original petition, one bite of the apple as it were.”
• holding the South Carolina Rules of Civil Procedure apply to all civil actions, a petition for PCR is a civil action, the Act specifically incorporates the applicable rules of civil practice, and Rule 41(a
• stating rules applicable to post-conviction relief actions should not be construed in manner which operate as a trap for the unwary lawyer
• stating rules applicable to post-conviction relief actions should not be construed in manner which operate as a trap for the unwary lawyer
• allowing a successive PCR application where the applicant unknowingly withdrew his first PCR application with prejudice
• stating rules applicable to post-conviction relief actions should not be construed in manner which operate as a trap for the unwary or deprive an applicant of the adjudication on the merits of his original petition

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• Elam v. South Carolina Department of Transportation
  Supreme Court of South Carolina· 2004-09-13· cited 287×
• Matthews v. Evatt
  Fourth Circuit· 1997-01-28· cited 234×
• Aice v. State
  Supreme Court of South Carolina· 1991-09-09· cited 71×
• Gilbert v. Moore
  Fourth Circuit· 1998-01-22· cited 61×
• Odom v. State
  Supreme Court of South Carolina· 1999-11-15· cited 24×
• Nelson Ex Rel. Nelson v. QHG of South Carolina, Inc.
  Court of Appeals of South Carolina· 2003-04-14· cited 13×
• In Re Nov. 4, 2008 Bluffton Election
  Supreme Court of South Carolina· 2009-12-07· cited 11×
• Brannon v. State
  Supreme Court of South Carolina· 2001-06-25· cited 5×
• Pettinato v. Eagleton
  D. South Carolina· 2006-09-21· cited 2×
• Hiott v. State
  Court of Appeals of South Carolina· 2007-10-11· cited 1×
• Hamilton v. Fulgham
  Supreme Court of South Carolina· 2009-12-07· cited 1×
• Unnamed case
  Fourth Circuit· 1998-01-22
• Gilbert v. Moore
  Fourth Circuit· 1998-02-24