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HIOTT v. STATE

No. 4302.

375 S.C. 354 (2007)

652 S.E.2d 436

Milton HIOTT, Appellant, v. STATE of South Carolina, Respondent.

Court of Appeals of South Carolina.

Decided October 11, 2007.

Rehearing Denied November 16, 2007.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

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

WILLIAMS, J.

In this case, we hold the PCR court has authority to issue Rule 11 sanctions against a post-conviction applicant pursuant to the South Carolina Rules of Civil Procedure.

FACTS

Milton Daniel Hiott (Hiott) was convicted of incest and sentenced to ten years imprisonment. Hiott did not appeal his conviction or sentence.

Hiott filed an application for post-conviction relief (PCR). Hiott alleged trial counsel was ineffective for failing...

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