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24715 - Bryson v. State

Davis Adv. Sh. No. 32
S.E. 2d

THE STATE OF SOUTH CAROLINA

In The Supreme Court

Norman Bryson, Petitioner,

v.

State of South Carolina, Respondent.

ON WRIT OF CERTIORARI

Appeal From Laurens County

Edward B. Cottingham, Post-Conviction Judge

Opinion No. 24715

Submitted October 28, 1997 Filed - November 17, 1997

VACATED AND REMANDED

Assistant Appellate Defender Robert M. Pachak, of the

South Carolina Office of Appellate Defense, for

petitioner.

Attorney General Charles Molony Condon, Deputy

Attorney General John W. McIntosh, Assistant Deputy

Attorney General Teresa A. Knox, and Assistant

Attorney General Barbara M. Tiffin, all of Columbia,

for respondent.

PER CURIAM: Petitioner has filed a petition for a writ of

certiorari with this Court in which he maintains the order dismissing his post-

conviction relief application does not comply with S.C. Code Ann. ยง 17-27-80

(1985) and Rule 52(a), SCRCP, because it does not contain specific findings of

p. 3


BRYSON v. STATE

fact and conclusions of law with regard to each issue raised in his application

and at the hearing thereon. See also Pruitt v. State, 310 S.C. 254, 423 S.E.2d

127 (1992); McCray v. State, 305 S.C. 329, 408 S.E.2d 241 (1991). Petitioner

asks the Court to remand this matter to the post-conviction relief judge to make

proper findings of fact and conclusions of law. The State opposes the request

and submits the order of dismissal properly addresses each issue raised by

petitioner.

We hereby grant the petition for a writ of certiorari, dispense with

further briefing, vacate the order of dismissal, and remand this matter to the

post-conviction relief judge to make specific findings of fact and conclusions of

law as to each issue raised by petitioner in his post-conviction relief application

and at the hearing thereon.

C.J.

A.J.

A.J.

A.J.

Associate Justice James E. Moore, not

participating.

p. 4