Opinion

State v. Carpenter

277 S.C. 309 · Supreme Court of South Carolina · Jan 19, 1982

Full text

The STATE, Respondent, v. John Odell CARPENTER, Appellant

Per Curiam: Appellant was convicted of housebreaking, grand larceny and illegal possession of a handgun. He was sentenced to six (6) years for housebreaking and grand larceny and one (1) year (suspended) for illegal possession of a handgun. Appellant’s sole ground for appeal is ineffective assistance of counsel at trial. This Court usually will not consider that issue on appeal from a conviction. State v. Hyman, .... S. C. . . . , 281 S. E. (2d) 209 (1981). We follow that principle particularly when, as here, the issue was not argued to the trial judge. State v. Williams, 266 S. C. 325, 223 S. E. (2d) 38 (1976). *310 Under the facts of this case, appellant must assert his claim under the Post-Conviction Procedure Act (Code of Laws [1976] Section 17-27-10 et seq.) The conviction is therefore affirmed.

Murray v. Koffskey

Court of Appeals of South Carolina · Feb 15, 2011

State v. Felder

Supreme Court of South Carolina · Dec 29, 1986

State v. Kornahrens

Supreme Court of South Carolina · Oct 13, 1986

Sharper v. State

Supreme Court of South Carolina · Jul 20, 1983

Parentheticals

providing claims of ineffective assistance of counsel must be asserted under the Post-Conviction Relief Act
Joan Fancy v. Howard Fancy
providing claims of ineffective assistance of counsel must be asserted under the Post-Conviction Relief Act
Shabazz v. Rodriguez
finding claims of ineffective assistance of counsel must be asserted under the Post-Conviction Relief Act
Murray v. Koffskey
claim of ineffective assistance of counsel at trial will not normally be considered on appeal from a conviction, particularly when the issue is not argued to the trial judge
Sharper v. State