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Criminal Procedure

Cornell University Law School

Capital punishment

1994

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An Introduction To Post-Conviction Remedies, Practice And Procedure In South Carolina, John H. Blume Jan 1994

An Introduction To Post-Conviction Remedies, Practice And Procedure In South Carolina, John H. Blume

Cornell Law Faculty Publications

The purpose of this article is to discuss various aspects of an inmate's available post-conviction remedies in South Carolina. Very little has been written about this topic, perhaps because post-conviction is considered by many to be the "redheaded stepchild of the legal system." Despite the importance of post-conviction remedies as a safeguard against unjust, unconstitutional, and erroneous confinements, this systemic devaluing of the importance of the post-conviction process is widespread. Convicted persons in South Carolina raising post-conviction challenges rely almost exclusively on appointed counsel, most of whom have little experience in this area of the law. Counsels' enthusiasm for the …