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

Summary

The South Carolina Supreme Court reversed the lower court’s summary dismissal of the petitioner’s second post‑conviction relief application, holding that the allegation of unqualified prior PCR counsel is a sufficient reason to overcome the statutory bar on successive applications, that the application was timely, and that the statutory qualifications for capital PCR counsel require either prior PCR experience or capital trial experience plus specific PCR training. The Court remanded for a hearing on the qualification issue and instructed the lower court to apply the Strickland test if counsel is found unqualified.