The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment and sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state the relief desired. Facts within the personal knowledge of the applicant shall be set forth separately from other allegations of facts and shall be verified as provided in Section 17-27-40. Affidavits, records or other evidence supporting its allegations shall be attached to the application or the application shall recite why they are not attached. The application shall identify all previous proceedings, together with the grounds therein asserted, taken by the applicant to secure relief from his conviction or sentence. Argument, citations and discussion of authorities are unnecessary. The application shall be made on such form as prescribed by the Supreme Court.
HISTORY: 1962 Code Section 17-604; 1969 (56) 158.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 27 - Uniform Post-conviction Procedure Act
Section 17-27-10. Short title.
Section 17-27-20. Persons who may institute proceeding; exclusiveness of remedy.
Section 17-27-30. Jurisdiction of court.
Section 17-27-40. Commencement of proceedings by filing of application.
Section 17-27-45. Filing procedures for post-conviction relief applications.
Section 17-27-50. Form and contents of application.
Section 17-27-60. Court costs and expenses for indigents.
Section 17-27-70. Court procedure on receipt of application.
Section 17-27-80. Hearing on application; final judgment.
Section 17-27-90. Grounds for relief.
Section 17-27-120. Construction.
Section 17-27-150. Discovery in post-conviction relief proceeding.
Section 17-27-160. Capital case post-conviction relief procedures.