McCOY v. STATE

No. 27214.

401 S.C. 363 (2013)

737 S.E.2d 623

John Curtis McCOY, Petitioner, v. STATE of South Carolina, Respondent.

Supreme Court of South Carolina.

Decided February 6, 2013.


Attorney(s) appearing for the Case

Appellate Defender Robert M. Pachak , of Columbia, for Petitioner.

Attorney General Alan M. Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Salley W. Elliott , and Assistant Attorney General Suzanne H. White , all of Columbia, for the State.


Justice KITTREDGE.

Petitioner John Curtis McCoy appeals the summary dismissal of his second post-conviction relief (PCR) application, which alleged recently discovered juror misconduct, on the grounds it was successive, untimely, and failed to prove a newly discovered evidence claim. We reverse and remand this matter for an evidentiary hearing. Further, for the benefit of the bench and the bar, we clarify the proper legal standard for claims involving juror misconduct...

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