In re McCoy
| Court | United States State Supreme Court of South Carolina |
| Citation | 360 S.C. 425,602 S.E.2d 58 |
| Parties | In the Matter of the Care and Treatment of Herbert Lee McCOY, Appellant. |
| Decision Date | 23 August 2004 |
360 S.C. 425
602 S.E.2d 58
Supreme Court of South Carolina.
August 23, 2004.
Appellant was found guilty of committing a lewd act on a minor. He was subsequently found to be a sexually violent predator pursuant to the South Carolina Sexually Violent Predator Act (SVP Act),1 and was involuntarily committed to the South Carolina Department of Mental Health.
Thereafter, appellant filed a notice of appeal. Counsel for appellant, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Johnson v. State, 294 S.C. 310, 364 S.E.2d 201 (1988), and Ex Parte Cauthen, 291 S.C. 465, 354 S.E.2d 381 (1987), filed an affidavit with the Court stating he found no basis for appellant's allegations in the record and that he felt the appeal had no merit. Counsel attached a copy of the transcript and asked the Court to review it for any meritorious issue.
The State filed a motion to strike the affidavit stating that, while counsel's conclusion that the appeal lacked merit was
Thereafter, counsel for appellant filed a "Memorandum of Issues of Colorable Merit" alleging two errors of the trial court. Counsel also filed a return to the State's motion to strike his affidavit. Therein, counsel outlines the trial proceeding and why appellant's appeal lacks merit. Counsel also explains the authority he relied upon in filing the transcript and affidavit, and requests the Court institute a procedure for filing no-merit appeals in regards to the involuntary commitment of sexually violent predators.
Although a person committed under the SVP Act has no Sixth or Fourteenth Amendment right to counsel, as does an accused in a criminal proceeding, they do have a statutory right to counsel. S.C.Code Ann. § 44-48-90 (2003). We have adopted a no-merit procedure in the post-conviction relief context in Johnson, supra, and feel it is appropriate to do so here, as well. Accordingly, we hereby adopt an Anders-type procedure, as we did in Johnson, supra, for alleged no-merit SVP involuntary...
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In re Chapman, Appellate Case No. 2014-001181
...right to counsel distinct from the Sixth Amendment right to counsel afforded in criminal proceedings. In re Care & Treatment of McCoy , 360 S.C. 425, 427, 602 S.E.2d 58, 59 (2004) ; In re Care & Treatment of McCracken , 346 S.C. 87, 96, 551 S.E.2d 235, 240 (2001). However, given the signifi......
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Skipper v. Sc Dept. of Corrections, No. 4141.
...mandate that inmates be paid the prevailing wage" created a liberty interest which may not be denied without due process. Id. at 424-25, 602 S.E.2d at 58. Accordingly, the court held Wicker could Page 916 be denied this right without being afforded due process of law. Id. at 424, 602 S.E.2d......
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Torrence v. S.C. Dep't of Corr., Appellate Case No. 2016-000285
...workers who are employed under those sections receive the same pay rates and employment conditions as their non-inmate peers"); Wicker , 360 S.C. at 425, 602 S.E.2d at 58 (holding "there is simply nothing in the [PIP] statutory scheme authorizing the [Department] to pay Wicker a training wa......
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State v. Jackson, APPEAL NO. C-130240
...on equal footing with those who have the ability to retain private counsel. See Pullen v. State, 802 So.2d 1113 (Fla.2001); In re McCoy, 360 S.C. 425, 602 S.E.2d 58 (2004); In re Rules of the Supreme Court and Court of Appeals, 2009 Ark. 449 (2009); In re McQueen, 145 Ill.App.3d 148, 495 N.......
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In re Chapman, Appellate Case No. 2014-001181
...right to counsel distinct from the Sixth Amendment right to counsel afforded in criminal proceedings. In re Care & Treatment of McCoy , 360 S.C. 425, 427, 602 S.E.2d 58, 59 (2004) ; In re Care & Treatment of McCracken , 346 S.C. 87, 96, 551 S.E.2d 235, 240 (2001). However, given the signifi......
-
Skipper v. Sc Dept. of Corrections, No. 4141.
...mandate that inmates be paid the prevailing wage" created a liberty interest which may not be denied without due process. Id. at 424-25, 602 S.E.2d at 58. Accordingly, the court held Wicker could Page 916 be denied this right without being afforded due process of law. Id. at 424, 602 S.E.2d......
-
Torrence v. S.C. Dep't of Corr., Appellate Case No. 2016-000285
...workers who are employed under those sections receive the same pay rates and employment conditions as their non-inmate peers"); Wicker , 360 S.C. at 425, 602 S.E.2d at 58 (holding "there is simply nothing in the [PIP] statutory scheme authorizing the [Department] to pay Wicker a training wa......
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State v. Jackson, APPEAL NO. C-130240
...on equal footing with those who have the ability to retain private counsel. See Pullen v. State, 802 So.2d 1113 (Fla.2001); In re McCoy, 360 S.C. 425, 602 S.E.2d 58 (2004); In re Rules of the Supreme Court and Court of Appeals, 2009 Ark. 449 (2009); In re McQueen, 145 Ill.App.3d 148, 495 N.......