Henderson v. State

• Court: Supreme Court of South Carolina
• Decided: April 15, 2015
• Docket: 2015-MO-017
• Status: Unpublished

Opinion

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.

THE STATE OF SOUTH CAROLINA In The Supreme Court

Michael Wayne Henderson, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2014-001254 Lower Court Case No. 2012-CP-23-002777

Appeal From Greenville County The Honorable D. Garrison Hill, Circuit Court Judge

Memorandum Opinion No. 2015-MO-017 Submitted March 30, 2015 – Filed April 15, 2015

APPEAL DISMISSED

Appellate Defender Benjamin John Tripp, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Karen Christine Ratigan, of Columbia, for Respondent. PER CURIAM: Petitioner seeks a writ of certiorari from an order of the circuit court denying his application for post-conviction relief (PCR), but finding he was entitled to a belated review of any direct appeal issues pursuant to White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974).

Because there is sufficient evidence to support the PCR judge's finding that petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant certiorari and proceed with a review of the direct appeal issue pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986).

We dismiss this matter pursuant to Rule 220(b)(1), SCACR, after consideration of petitioner's pro se brief and careful review pursuant to Anders v. California, 386 U.S. 738 (1967). Counsel's motion to be relieved is granted.

DISMISSED.

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.