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DEARYBURY v. STATE

No. 26095.

367 S.C. 34 (2006)

625 S.E.2d 212

Dan A. DEARYBURY, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided January 9, 2006.

Attorney(s) appearing for the Case

Gloria Y. Leevy, of Leevy Law Firm, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy, Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Molly Crum, of Columbia, for Respondent.

Chief Justice TOAL:

Petitioner was convicted of criminal domestic violence (CDV) in municipal court. No direct appeal was taken. Almost four years later, Petitioner filed an application for postconviction relief (PCR). The PCR court denied Petitioner relief. We remand for a hearing to determine whether Petitioner knowingly and voluntarily proceeded pro se at trial.

FACTUAL/PROCEDURAL BACKGROUND

In August...

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