James D. Robertson, Petitioner v. State of South Carolina, Respondent

Summary

The Court reversed the circuit court’s summary dismissal of the petitioner’s second post‑conviction relief application, holding that Martinez does not apply to state PCR, that the allegation of unqualified prior PCR counsel is a sufficient reason to permit a successive application, that the application was timely, and that the statutory qualifications under §17‑27‑160(B) require either prior PCR experience or capital trial experience plus specific CLE training. The Court remanded for a hearing on counsel qualification. Chief Justice Pleicones concurred in part and dissented in part, and Acting Justice Toal dissented, each contesting the majority’s construction of §17‑27‑160(B) and the need for a prejudice analysis.