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South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings
In a case of first impression, the Second Division of the Supreme Court held that several provisions of the ILA mirrored the Prison Litigation Reform Act. The court decided that if the state legislature had intended for the ILA to apply to PCR actions they would have first mandated filing fees for PCR applications. The court further held that the problem with applying the ILA to PCR proceedings was that it gives the state power to punish prisoners for asserting constitutional rights while non incarcerated applicants can assert those rights without fear of retribution. The state proffered no justification for such disparate treatment. See: Wade v. State, 348 S.C. 255, 559 S.E.2d 843 (S.C., 2002).
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Related legal case
Wade v. State
Year | 2002 |
---|---|
Cite | 348 S.C. 255, 559 S.E.2d 843 (S.C., 2002) |
Level | State Supreme Court |
Injunction Status | N/A |