Posted On:
November 29, 2008
State v. McGrier to be applied retroactively
Apparently, there are still individuals being held on community supervision revocations which are longer than their original sentences, in violation of State v. McGrier which was decided in March 2008, because the state was taking the position that McGrier should not be applied retroactively. Earlier this week the South Carolina Supreme Court issued a decision in Bennett, et. al. v. State, holding that McGrier is to applied retroatively and the inmates should be released:
In our view, McGrier’s retroactivity is patently clear; however, we take this opportunity to remove any doubts. We now hold that our decision in McGrier is to be applied retroactively. See Pinckney v. Warren, 344 S.C. 382, 391, 544 S.E.2d 620, 625 (2001) (recognizing that retroactivity may be extended when justice requires and innocent persons will be adversely affected).
