Johnson v. State

Mykel Johnson, Petitioner, v. State of South Carolina, Respondent.

Appellate Case No. 2016-001684

No. 2020-UP-033

Court of Appeals of South Carolina

February 5, 2020

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Heard December 10, 2019

Appeal From Beaufort County Brooks P. Goldsmith, Circuit Court Judge

Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson and Assistant Attorney General Benjamin Hunter Limbaugh, both of Columbia, for Respondent.

PER CURIAM

Mykel Johnson filed this post-conviction relief action (PCR) arguing the PCR court erred in denying his petition on procedural grounds. We reverse and remand pursuant to Rule 220(b), SCACR, and the following authorities: Sloan v Friends of Hunley, Inc., 393 S.C. 152, 159 n.3, 711 S.E.2d 895, 898 n.3 (2011) (indicating a concession allows the court to end the matter); Bowaters Carolina Corp. v Carolina Pipeline Co., 259 S.C. 500, 505, 193 S.E.2d 129, 132 (1972) (holding an appellate court need not pursue an issue conceded during oral arguments); Love v State, 428 S.C. 231, 243-45, 834 S.E.2d 196, 202-03 (2019) (indicating "[t]he PCR court, not this [c]ourt, should make the initial factual and legal findings on [a PCR applicant's] claim for relief" even though the dissent viewed the resolution of the claim as "straightforward").

REVERSED AND REMANDED.

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