294 S.C. 310 (S.C. 1988)

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Johnson v. State

Supreme Court of South Carolina

Jan 25, 1988

294 S.C. 310 (S.C. 1988)

Summary

holding appointed PCR appellate counsel may move to withdraw from representation after certifying a belief that the petition counsel filed is without merit

Summary of this case from McKnight v. Warden

See 25 Summaries

Opinion

22823

Submitted December 11, 1987.

Decided January 25, 1988.

Appeal from General Sessions Court, of Marion County; William J. McLeod, Special Circuit Judge.

Asst. Appellate Defender Joseph L. Savitz, III, Columbia, for petitioner. Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka and Asst. Atty. Gen. William A. Ready, III, Columbia, for respondent.

Submitted Dec. 11, 1987.

Decided Jan. 25, 1988.

ON WRIT OF CERTIORARI

Per Curiam:

This Court has approved the withdrawal of counsel in meritless post-conviction appeals, provided the procedures outlined in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), were followed.

Although the recent United States Supreme Court decision in Pennsylvania v. Finley, ___ U.S. ___, 107 S.Ct. 1990, 95 L.Ed.2d 539 (1987), holds that the Anders procedure is not required in such cases, we adhere to our prior procedure.

After review of the entire record in this case and after careful consideration of petitioner's pro se document, counsel's request to withdraw is granted and the matter dismissed.

Dismissed.

Summaries of

Johnson v. State

Supreme Court of South Carolina

Jan 25, 1988

294 S.C. 310 (S.C. 1988)

holding appointed PCR appellate counsel may move to withdraw from representation after certifying a belief that the petition counsel filed is without merit

Summary of this case from McKnight v. Warden

holding where counsel does not find any meritorious issues on PCR appeal, counsel should raise an arguable issue for review and move to be relieved as counsel

Summary of this case from Grayton v. Warden Lieber Corr. Inst.

approving “the withdrawal of counsel in meritless post-conviction appeals, provided the procedures outlined in Anders v. California, 386 U.S. 738, were followed”

Summary of this case from Adams v. Wise

approving “the withdrawal of counsel in meritless post-conviction appeals, provided the procedures outlined in Anders v. California, 386 U.S. 738, were followed”

Summary of this case from Priest v. Stirling

approving the withdrawal of counsel in meritless post-conviction appeals, provided the procedures in Anders v. California, 386 U.S. 738, were followed

Summary of this case from Davis v. Warden of Perry Corr. Inst.

approving "the withdrawal of counsel in meritless post-conviction appeals, provided the procedures outlined in Anders v. California, 386 U.S. 738, were followed"

Summary of this case from Anderson v. Warden

approving the withdrawal of counsel in meritless appeals of PCR actions by following Anders procedure

Summary of this case from Williams v. Warden

approving the withdrawal of counsel in meritless appeals of PCR actions by following Anders procedure

Summary of this case from Hood v. Warden

approving the withdrawal of counsel in meritless appeals of PCR actions by following a certain procedure

Summary of this case from Joseph v. State

approving the withdrawal of counsel in meritless appeals of PCR actions by following Anders procedure

Summary of this case from Edmond v. State

applying the factors in Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Boatwright v. Stonebreaker

applying the factors in Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Johnson v. Warden, Broad River Corr. Inst.

applying the factors of Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Brown v. Warden of Perry Corr. Inst

applying the factors of Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Thompson v. Warden of Leath Corr. Inst.

applying the factors in Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Hilton v. Warden

applying the factors of Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Sabb v. Warden of Broad River Corr. Inst.

applying the factors of Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Dewberry v. Burton

applying the factors of Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from McGee v. Warden of Lieber Corr. Inst.

applying the factors in Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Wiggleton v. Nance

applying the factors in Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Anthony v. S.C. Dep't of Prob.

applying the factors of Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Thomas v. Warden of Broad River Corr. Inst.

applying the factors in Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Bruton v. Lee Corr. Warden

applying the factors in Anders v. California, 386 U.S. 738, to post-conviction appeals

Summary of this case from Bruton v. Lee Corr. Warden

applying the factors of Anders v. California, 386 U.S. 738 to post conviction appeals

Summary of this case from Gathers v. Lewis

setting forth the procedures for counsel to follow when filing meritless appeals in state PCR cases pursuant to Anders v. California, 386 U.S. 738

Summary of this case from Gilliard v. Joyner

Johnson v. State

Summary

Opinion

ON WRIT OF CERTIORARI

Johnson v. State

Johnson v. State

Case Details

Citations

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Johnson v. State

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ON WRIT OF CERTIORARI

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