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.

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