If the applicant is unable to pay court costs and expenses of counsel, these costs and expenses shall be made available to the applicant in amounts and to the extent provided pursuant to Section 17-27-60. The applicant must request counsel at the time he files his application. The court must appoint counsel for an indigent applicant after the court has determined that the application is sufficient to proceed to a hearing but prior to the actual hearing. If counsel has been appointed for the applicant in an ongoing post-conviction relief proceeding, then the counsel appointed in the post-conviction relief proceeding shall also serve as counsel for purposes of this article. The performance of counsel pursuant to this article shall not form the basis for relief in any post-conviction relief proceeding.
HISTORY: 2008 Act No. 413, Section 1, eff January 1, 2009.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 28 - Post-conviction Dna Testing And Preservation Of Evidence
Section 17-28-10. Citation of Article.
Section 17-28-20. Definitions.
Section 17-28-30. Offenses for which post-conviction DNA testing available.
Section 17-28-40. Form and contents of application.
Section 17-28-60. Costs and expenses; appointment of counsel for indigent applicant.
Section 17-28-80. Preservation of test reports.
Section 17-28-90. Hearing; factors to be proved; orders relating to DNA samples.
Section 17-28-100. Disclosure and use of test results; motion for new trial.
Section 17-28-110. Consent to testing.
Section 17-28-120. Administration expenditure limitation.
Section 17-28-300. Citation of article.
Section 17-28-310. Definitions.
Section 17-28-320. Offenses for which evidence preserved; conditions and duration of preservation.
Section 17-28-330. Registration as custodian of evidence.
Section 17-28-340. Petition for destruction of evidence prior to expiration of required time period.