Legal Opinion

Turner v. State

Supreme Court of South Carolina

Decided December 8, 2008No. 26569PublishedCited by 6 opinions

1Per curiam

Petitioner seeks a writ of certiorari from an order granting him a belated review of his direct appeal issues pursuant to White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974). We grant the petition for a writ of certiorari, dispense with further briefing, reverse the order of the post-conviction relief (PCR) judge, and remand this matter for an evidentiary hearing.

Following a trial, counsel is required to make certain the defendant is made fully aware of the right to appeal. White v. State, supra. In the absence of an intelligent waiver by the defendant, counsel must either initiate an appeal…

2Cases cited4 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Roe v. Flores-OrtegaSupreme Court of the United States · 2000
  3. White v. StateSupreme Court of South Carolina · 1974
  4. Weathers v. StateSupreme Court of South Carolina · 1995

3Cited by6 opinions

  1. Simuel v. StateSupreme Court of South Carolina · 2010
  2. Jones v. StateSupreme Court of South Carolina · 2009
  3. State v. DevoreCourt of Appeals of South Carolina · 2016
  4. Clark v. StateCourt of Appeals of South Carolina · 2011
  5. Jones v. StateSupreme Court of South Carolina · 2009

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