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HIOTT v. STATE

No. 26615.

381 S.C. 622 (2009)

674 S.E.2d 491

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

Supreme Court of South Carolina.

Heard February 18, 2009.

Attorney(s) appearing for the Case

Appellate Defender Robert M. Pachak, of the South Carolina Office of Indigent Defense, 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 David Spencer, all of Columbia, for Respondent.

Justice BEATTY:

Milton Hiott's application for post-conviction relief (PCR) was denied. The PCR judge found Hiott's testimony and claims were frivolous and sanctioned him $3,000 pursuant to Rule 11 of the South Carolina Rules of Civil Procedure. The Court of Appeals affirmed, holding as a matter of first impression that Rule 11 is applicable in PCR proceedings. Hiott v. State, 375 S.C. 354<...

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