From Casetext: Smarter Legal Research

Henderson v. State

Supreme Court of South Carolina
Apr 15, 2015
2015-MO-017 (S.C. Apr. 15, 2015)

Opinion

2015-MO-017

04-15-2015

Michael Wayne Henderson, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2014-001254

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.


UNPUBLISHED OPINION

Submitted March 30, 2015

Appeal From Greenville County The Honorable D. Garrison Hill, Circuit Court Judge, Lower Court Case No. 2012-CP-23-002777

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


Summaries of

Henderson v. State

Supreme Court of South Carolina
Apr 15, 2015
2015-MO-017 (S.C. Apr. 15, 2015)
Case details for

Henderson v. State

Case Details

Full title:Michael Wayne Henderson, Petitioner, v. State of South Carolina…

Court:Supreme Court of South Carolina

Date published: Apr 15, 2015

Citations

2015-MO-017 (S.C. Apr. 15, 2015)