Supreme Court of South Carolina· 12/16/2002

Whitehead v. State

Citations

574 S.E.2d 200
352 S.C. 215
2002 S.C. LEXIS 251

How courts have described this case

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

holding that laches may be raised as an affirmative defense in a post-conviction case, but that State waived defense
finding that when a transcript has been lost or destroyed, an appellate court may remand to have the record reconstructed
finding that when a transcript has been lost or destroyed, an appellate court may remand to have the record reconstructed
holding State waived right to raise defense of laches to defendant's second PCR application asserting Austin claim
remanding matter to circuit court for reconstruction hearing and instructing, “If the circuit court judge determines that reconstruction is not possible, he shall notify this Court....”
“We have held that the PCR statute of limitations found in S.C.Code Ann. 17-27~45(A) (Supp.2001) does not apply to Austin claims.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pleicones, Toal, Moore, Waller, Burnett

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13 cases in this archive cite this case.

Cites

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