# Al-Shabazz v. State

> Supreme Court of South Carolina · February 14, 2000 · 338 S.C. 354

URL: https://www.frixlaw.com/law-library/cases/9624209

## Case

- **Full name:** Malik Abdul AL-SHABAZZ, Petitioner, v. STATE of South Carolina, Respondent
- **Court:** Supreme Court of South Carolina
- **Decided:** February 14, 2000
- **Citations:** 338 S.C. 354; 527 S.E.2d 742
- **Precedential status:** Published
- **Opinion:** Concurrence by Finney
- **Judges:** Waller, Toal, Moore, Burnett, Finney
- **Cited by:** 160 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9624209

## How later opinions describe it (automated extraction)

- finding the Department's procedures for conducting major disciplinary hearings, in which an inmate's liberty interest is at stake, comport with the due process requirements articulated in Wolff; recognizing an inmate's right to present a defense at a disciplinary hearing, incl…
- holding that SCDC’s disciplinary and grievance procedures are consistent with constitutional standards delineated in Wolff v. McDonnell 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), which established the minimum constitutional requirements for procedural due process when…
- holding that, aside from two non-collateral matters specifically listed in the PCR Act, PCR is a proper avenue of relief only when the applicant mounts a collateral attack challenging the validity of his conviction or sentence as authorized by section 17-27-20(a)
- holding that appellant has the burden of showing that an error was prejudicial
- finding judicial review of inmate disputes is limited to “determine whether ‘the challenged conditions or *273 degree of confinement are within the sentence imposed and are not otherwise violative of the Constitution,’ or whether prison officials have acted arbitrarily, capric…

## Opinion text

FINNEY, Chief Justice:
I write separately to explain that while I have decided to concur in the result reached here, I do so with great reluctance. I join the majority only because we need to bring finality to this confused area of the law, and not because I agree with the method chosen here. In my view, the majority opinion is fundamentally flawed in that it simply ignores the third clause of S.C.Code Ann. § 17-27-20(a)(5) (1985), which provides for a post-conviction relief action to be brought by one claiming that “... he is otherwise unlawfully held in custody or other restraint.” Without doubt, this provision encompasses claims such as those brought by petitioner and other inmates challenging conditions of confinement. In the interest of judicial harmony, however, I reluctantly concur in the result reached by the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9624209. Public record. Not legal advice.