Mack v. State of SC

Syllabus

We granted John Willie Mack, Sr.'s petition for a writ of certiorari to review Mack v. State, Op. No. 2019-UP-386 (S.C. Ct. App. filed Dec. 18, 2019), in which the court of appeals affirmed the PCR court's dismissal of Mack's second application for post-conviction relief (\PCR\) alleging his DNA counsel failed to timely appeal the denial of his application for DNA testing under the Access to Justice Post-Conviction DNA Testing Act (\DNA Act\), S.C. Code Ann. §§ 17-28-10 to -120 (2014). Because Mack was prevented from seeking appellate review, we find it is necessary to provide an avenue of relief akin to Austin v. State, 305 S.C. 453, 409 S.E.2d 395 (1991) that affords him the opportunity to obtain a belated appeal. Accordingly, we reverse and remand to the court of general sessions for an evidentiary hearing consistent with this opinion.