The application shall be heard in, and before any judge of, a court of competent jurisdiction in the county in which the conviction took place. A record of the proceedings shall be made and preserved. All rules and statutes applicable in civil proceedings are available to the parties. The court may receive proof by affidavits, depositions, oral testimony or other evidence and may order the applicant brought before it for hearing. If the court finds in favor of the applicant, it shall enter an appropriate order with respect to the conviction or sentence in the former proceedings, and any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence or other matters that may be necessary and proper. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment.
HISTORY: 1962 Code Section 17-607; 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.