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2009-UP-563 - The State v. Eriv Hemingway

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Eric Hemingway, Appellant.


Appeal From Allendale County
J. Michelle Childs, Circuit Court Judge


Unpublished Opinion No. 2009-UP-563
Submitted November 2, 2009 – Filed November 23, 2009   


APPEAL DISMISSED


Acting Chief Appellate Attorney Robert M. Dudek, of Columbia, Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Issac McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM: Eric Hemingway was convicted of murder and criminal sexual conduct in the first degree.  Hemingway appeals, arguing the trial judge erred in refusing to grant a mistrial after the State introduced evidence that Hemingway's blood was drawn pursuant to a court order and that he remained silent after receiving warnings pursuant to Miranda v. Arizona, 384 U.S. 436 (1966).  Hemingway also filed a pro se brief.  After a thorough review of the record and both briefs pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

SHORT, THOMAS, and KONDUROS, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.