Opinion
2020-UP-195
06-24-2020
Darrell Heyward, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2017-001564
Appellate Defender Joanna Katherine Delany, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Sara Elyssa Gunton, 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 May 1, 2020
Appeal From Beaufort County Diane Schafer Goodstein, Circuit Court Judge.
Appellate Defender Joanna Katherine Delany, of Columbia, for Petitioner.
Attorney General Alan McCrory Wilson and Assistant Attorney General Sara Elyssa Gunton, of Columbia, for Respondent.
PER CURIAM.
Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR).
Because the circumstances of this case support the PCR judge's finding that Petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant certiorari on Petitioner's Question One and proceed with a review of the direct appeal issue pursuant to Davis v. State, 288 S.C. 396, 660 S.E.2d 512 (2008).
On direct appeal, Petitioner argues the trial court erred in admitting evidence of a witness's prior inconsistent statement over his objections that the evidence violated his confrontation rights, the statement was the only evidence of his guilt, and the witness testified he did not remember either making the statement or the statement itself. After review pursuant to Anders v. California, 386 U.S. 738 (1967), we dismiss Petitioner's direct appeal and grant counsel's motion to be relieved.
We decide this case without oral argument pursuant to Rule 215, SCACR.
HUFF, THOMAS, and MCDONALD, JJ., concur.