Burnside v. State of South Carolina

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

Anthony B. Burnside, Appellant,

v.

State of South
Carolina, Respondent.

Appeal From Greenwood County

William P. Keesley, Circuit Court Judge

Unpublished Opinion No. 2011-UP-282  

Submitted June 1, 2011 – Filed June 10,
2011

AFFIRMED

Anthony Burnside, pro se, of Laurens, for
Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, and Assistant Attorney General Julie M. Thames, all of Columbia, for Respondent.

PER CURIAM: Anthony B. Burnside appeals the circuit court's order
dismissing his petition for a writ of habeas corpus as both procedurally barred
by the Uniform Post Conviction Act (the Act) and moot.  On appeal, Burnside
argues he was denied effective assistance of counsel in perfecting his appeal and
prejudiced by a conflict of interest of his PCR counsel.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: Jones v.
Lott, 387 S.C. 339, 346, 692 S.E.2d 900, 903-04 (2010) ("Under the two
issue rule, where a decision is based on more than one ground, the appellate
court will affirm unless the appellant appeals all grounds because the
unappealed ground will become law of the case."); S.C. Code Ann. §
17-27-20(b) (2003) ("[The Act] comprehends and
takes the place of all other common law, statutory or other remedies heretofore
available for challenging the validity of the conviction or sentence."); Simpson v. State, 329 S.C. 43, 46, 495 S.E.2d 429, 431 (1998) ("[A]
matter which is cognizable under the Act may not be raised by a petition for a
writ of habeas corpus before the circuit court or other lower courts."); Gibson
v. State, 329 S.C. 37, 42, 495 S.E.2d 426, 428 (1998) ("[A] petitioner
must allege sufficient facts to show why other remedies, such as
[post-conviction relief], are unavailable or inadequate.").

AFFIRMED.

FEW, C.J., PIEPER and
LOCKEMY, JJ., concur.

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