Murphy v. State

• Court: Supreme Court of South Carolina
• Decided: May 9, 2018
• Docket: 2018-MO-019
• Status: Unpublished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

Gregory Lee Murphy, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2016-002445 Lower Court Case No. 2013-CP-37-00812

Appeal From Oconee County The Honorable Edgar W. Dickson, Circuit Court Judge

Memorandum Opinion No. 2018-MO-019 Submitted April 17, 2018 – Filed May 9, 2018

DISMISSED

Appellate Defender Lara M. Caudy, of Columbia, for Petitioner.

Attorney General Alan M. Wilson and Assistant Attorney General Lindsey Ann McCallister, both 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 brief and careful review of the record pursuant to Anders v. California, 386 U.S. 738 (1967). Counsel's motion to be relieved is granted.

DISMISSED.

BEATTY, C.J., KITTREDGE, HEARN, FEW and JAMES, JJ., concur.