Opinion
2021-UP-095
03-24-2021
Christopher L. Hampton, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2017-002374
Appellate Defender Wanda H. Carter and Christopher L. Hampton, pro se, both of Columbia, for Petitioner. Senior Assistant Deputy Attorney General Megan Harrigan Jameson, of Columbia, for Respondent.
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.
Submitted February 1, 2021
Appeal From Spartanburg County Larry B. Hyman, Jr., Circuit Court Judge
Appellate Defender Wanda H. Carter and Christopher L. Hampton, pro se, both of Columbia, for Petitioner.
Senior Assistant Deputy Attorney General Megan Harrigan Jameson, of Columbia, for Respondent.
PER CURIAM
On November 5, 2007, Judge Roger L. Couch issued an order on Petitioner's first application for post-conviction relief (PCR). Judge Couch denied Petitioner's ineffective assistance of counsel claims and granted Petitioner's request for a belated direct appeal. No notice of appeal was filed. Petitioner now seeks a writ of certiorari from Judge Larry B. Hyman's October 16, 2017 order, which granted Petitioner a belated review of Judge Couch's order pursuant to Austin v. State, 305 S.C. 453, 409 S.E.2d 395 (1991). Based on the vote of the panel, the court grants the petition for a writ of certiorari from Judge Hyman's order, dispenses with further briefing, and proceeds with an Austin review of Judge Couch's order.
After Austin review, the petition for a writ of certiorari as to the ineffective assistance of counsel claim is denied. However, because there is sufficient evidence to support Judge Couch's finding that Petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant certiorari on the belated direct appeal question 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).
After consideration of Petitioner's pro se briefs and review pursuant to Anders v. California, 386 U.S. 738 (1967), Petitioner's direct appeal is dismissed. Counsel's motion to be relieved is granted.
We decide this case without oral argument pursuant to Rule 215, SCACR.
APPEAL DISMISSED.
HUFF, THOMAS, and HEWITT, JJ., concur.