Caseflicks

Supreme Court of South Carolina • 1991

State v. Williams

406 S.E.2d 357 | 305 S.C. 116 | 1991 S.C. LEXIS 172

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Takeaway

In short, this case supplies South Carolina’s procedural roadmap for Anders appeals, ensuring both counsel’s orderly withdrawal request and the appellate court’s independent review for arguable merit.

Background

The appeal was presented under Anders v. California, meaning appointed appellate counsel concluded that the case presented no nonfrivolous issue for appeal and sought to withdraw. The Court did not address the merits of Williams’s conviction or identify a ruling from the lower court.

Instead, the Court used the case to resolve confusion about the procedure governing Anders appeals under the South Carolina Appellate Court Rules. It issued a prospective procedure for counsel, the respondent, the appellant, and the Court to follow.

Issues

Issue #1

Whether the Supreme Court of South Carolina should prescribe a uniform procedure for processing Anders appeals under the South Carolina Appellate Court Rules.

Holding

Yes. The Court established a four-step procedure designed to protect an appellant’s opportunity to raise issues while allowing the Court to conduct the independent review required by Anders.

Reasoning

When counsel determines that an Anders brief is appropriate, counsel must file and serve the initial brief and designation of matter required by Rules 207 and 208 of the South Carolina Appellate Court Rules. Counsel must also include a petition to be relieved as appellate counsel in that brief.

The respondent may file an initial brief, but is not required to do so. If the respondent does not file one, it is not bound by the appellant’s statement of the case; moreover, it may file its own designation of matter for inclusion in the appellate record if it believes the appellant’s designation is inadequate for the Court’s Anders review.

When the final briefs are filed, appellate counsel must provide the appellant with copies of the briefs and the record on appeal and file proof of that service. The Clerk then gives the appellant forty-five days to submit a pro se brief raising any additional issues. The respondent is not bound by statements of the case contained in that pro se submission.

After receiving the appellant’s pro se brief, or after the forty-five-day period expires, the Court independently reviews the record as Anders requires. If it finds no issue of arguable merit, it dismisses the appeal and grants counsel’s request to withdraw. If it finds an arguably meritorious issue, it directs the parties to submit new briefs addressing that issue.