Turner v. State, 26569.

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtPer Curiam
Citation670 S.E.2d 373,380 S.C. 223
PartiesPhillip Eugene TURNER, Petitioner, v. STATE of South Carolina, Respondent.
Docket NumberNo. 26569.,26569.
Decision Date08 December 2008
670 S.E.2d 373
380 S.C. 223
Phillip Eugene TURNER, Petitioner,
v.
STATE of South Carolina, Respondent.
No. 26569.
Supreme Court of South Carolina.
Submitted December 4, 2008.
Decided December 8, 2008.

LaNelle C. DuRant, South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Petitioner.

[670 S.E.2d 374]

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Michelle J. Parsons, all of Columbia, for Respondent.

PER 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 or comply with the procedure in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Id. However, the standard for a guilty plea differs. Absent extraordinary circumstances, such as when there is reason to think a rational defendant would want to appeal (for example, because there are nonfrivolous grounds for appeal) or when the defendant reasonably demonstrated an interest in appealing, there is no constitutional requirement that a defendant be informed of the right to a direct appeal from a guilty plea. Roe v. Flores-Ortega, 528 U.S. 470, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000); Weathers v. State, 319 S.C. 59, 459 S.E.2d 838 (1995).

Petitioner pled guilty to the charges against him. On PCR, petitioner did not allege he asked counsel to file a direct appeal, he had viable issues for appeal, or there were other extraordinary circumstances which would require him to be advised of his right to a direct appeal from his guilty plea. Petitioner's PCR application merely states counsel failed to inform him of his right to appeal and he did not know the law. The State agreed to allow petitioner a belated review of his direct appeal issues and petitioner agreed to withdraw his other PCR issues. There was no evidence at the PCR hearing that petitioner was entitled...

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11 cases
  • Retana v. Boulware, C/A No. 5:15-00523-RBH-KDW
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • January 7, 2016
    ...appeal.Following a trial, counsel is required to make certain the defendant is made fully aware of the right to appeal. Turner v. State, 380 S.C. 223, 224, 670 S.E.2d 373, 374 (2008); see also Roe v. Flores-Ortega, 528 U.S. 470, 120 S.Ct. 1029 (2000). "Absent an intelligent waiver by the de......
  • Turner v. Warden, Livesay Corr. Inst., Civil Action No. 6:11-2692-RBH-KFM
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • July 27, 2012
    ...agreement that the petitioner was entitled to a belated review of his direct appeal issues. See Turner v. State of South Carolina, 670 S.E.2d 373 (S.C. 2008). (App. 109-10). The Remittitur was issued December 30, 2008.Remand to the PCR Court Upon remand, an evidentiary hearing was held on A......
  • Jones v. State, 26647.
    • United States
    • United States State Supreme Court of South Carolina
    • May 12, 2009
    ...there is no constitutional requirement that a defendant be informed of the right to a direct appeal from a guilty plea. Turner v. State, 380 S.C. 223, 224, 670 S.E.2d 373, 374 (2008). "One extraordinary circumstance which would require counsel to advise a defendant of the right to appeal fr......
  • McCleary v. Smith, Civil Action No. 6:11-2046-RBH -KFM
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • July 27, 2012
    ...there is no constitutional requirement that a defendant be informed of the right to a direct appeal from a guilty plea.Turner v. State, 380 S.C. 223, 224, 670 S.E.2d 373, 374 (2008) (emphasis added).(Final Order of Dismissal, pp. 11-13). Judge Lee further found:This Court makes the followin......
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