What is the standard of review used on a post-conviction relief order?

The standard of review used on a post-conviction relief order in South Carolina is a de novo review. This means that the court is required to review the case as if it was hearing it for the first time. In other words, the court must review all the evidence presented and make its decision based on the law without relying on any prior decisions. This means that the court is not bound by a previous verdict or decision, but can review the evidence and make its own determination. This type of review is used to ensure that the accused receives a fair trial and that all evidence is considered. Additionally, this standard of review is used to ensure that no new evidence has been discovered since the original trial that could potentially impact the outcome of the case. For example, if new evidence was discovered that could prove the innocence of the accused, it would be presented to the court in order to overturn the conviction. Ultimately, the de novo review standard allows the court to review all evidence with fresh eyes in order to ensure the fairness of the trial and the accuracy of the verdict.

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What is the standard of review used on a post-conviction relief order?

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