Tuesday, August 12, 2008
SC Supreme Court holds that a defendant may waive, in a plea agreement, right to PCR
In Spoone v. State, the South Carolina Supreme Court dealt with the issue of whether a defendant who pleads guilty may also waive his rights to collateral review. The Court decided to follow federal law and held that a waiver of the right to collateral review is permitted where the circumstances surrounding the waiver show it is knowing and intelligent.
Posted by william at 8:08 AM