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McFadden v. State

Supreme Court of South Carolina
Jun 20, 2018
2018-MO-025 (S.C. Jun. 20, 2018)

Opinion

2018-MO-025

06-20-2018

Bernard McFadden, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2016-002319

Appellate Defender Taylor Davis Gilliam, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Julie Amanda Coleman, both 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 21, 2018

Appeal From Sumter County No. 2011-CP-43-01952 The Honorable W. Jeffrey Young, Trial Judge The Honorable George C. James, Jr., Post-Conviction Relief Judge

Appellate Defender Taylor Davis Gilliam, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson and Julie Amanda Coleman, both of Columbia, for Respondent.

PER CURIAM

Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR). We deny the petition as to Questions II and III.

However, 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 the petition as to Question I 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 review pursuant to Anders v. California, 386 U.S. 738 (1967). Counsel's motion to be relieved is granted.

Petitioner has filed a pro se petition for a writ of certiorari which we decline to consider because he was only entitled to file a pro se response to the Anders brief raising any direct appeal issues. Petitioner has also filed a motion to supplement the appendix with a document relevant to his pro se petition. That motion is likewise denied as improper for the same reason.

DISMISSED.

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

JAMES, J., not participating.


Summaries of

McFadden v. State

Supreme Court of South Carolina
Jun 20, 2018
2018-MO-025 (S.C. Jun. 20, 2018)
Case details for

McFadden v. State

Case Details

Full title:Bernard McFadden, Petitioner, v. State of South Carolina, Respondent…

Court:Supreme Court of South Carolina

Date published: Jun 20, 2018

Citations

2018-MO-025 (S.C. Jun. 20, 2018)