SMITH v. STATE

No. 5316.

412 S.C. 472 (2015)

772 S.E.2d 286

Orlando SMITH, Petitioner, v. The STATE of South Carolina, Respondent.

Court of Appeals of South Carolina.

Decided May 13, 2015.


Attorney(s) appearing for the Case

Appellate Defender Susan Barber Hackett , of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson , Chief Deputy Attorney General John W. McIntosh , and Senior Assistant Deputy Attorney General Donald J. Zelenka , all of Columbia; and Solicitor William Walter Wilkins, III , of Greenville, for Respondent.


In this case involving section 17-28-30 of the South Carolina Code (2014), which provides for post-conviction DNA testing, Orlando Smith appeals the circuit court's application of the seven-year time limit for defendants who pled guilty or no contest. He argues he pled not guilty and the statute contains no time limit for those defendants...

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