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Luckett v. State

Supreme Court of South Carolina
Sep 18, 1995
462 S.E.2d 858 (S.C. 1995)

Opinion

24313

Submitted August 23, 1995

Decided September 18, 1995

Appeal From Spartanburg County E.C. Burnett, III, Trial Judge J. Derham Cole, Post-Conviction Relief Judge.

Assistant Appellate Defender Lisa T. Gregory, of the South Carolina Office of Appellate Defense, Columbia, for petitioner. Attorney General T. Travis Medlock, Deputy Attorney General J. Emory Smith, Jr., and Assistant Attorneys General Teresa Nesbitt Cosby and C. Havird Jones, Jr., Columbia, for respondent.


Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR).

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 on petitioner's Question 1 and proceed with a review of the direct appeal issues pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986). We deny certiorari as to petitioner's Question 2.

The direct appeal issues are affirmed pursuant to Rule 220 (b)(1), SCACR, and the following authorities: Issue 1: State v. Hudgins, 460 S.E.2d 388 (S.C. Sup. Ct. 1995) (Davis Adv. Sh. No. 17 at 43) (an issue may not be raised for the first time on appeal, but must have been raised to the trial judge to be preserved for appellate review); State v. Stewart, 275 S.C. 447, 272 S.E.2d 628 (1989); State v. Thompson, 276 S.C. 616, 281 S.E.2d 216 (1981); Issue 2: United States v. Felix, 503 U.S. 378, 112 S.Ct. 1377, 118 L.Ed.2d 25 (1992); State v. Hudgins, supra.

Burnett, A.J., not participating.


Summaries of

Luckett v. State

Supreme Court of South Carolina
Sep 18, 1995
462 S.E.2d 858 (S.C. 1995)
Case details for

Luckett v. State

Case Details

Full title:Robert Luckett, Petitioner v. State of South Carolina, Respondent

Court:Supreme Court of South Carolina

Date published: Sep 18, 1995

Citations

462 S.E.2d 858 (S.C. 1995)
462 S.E.2d 858