State v. Rudolph Holden

CourtListener 10156035Scctapp15 dic 2009

Testo completo

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.

Rudolph Holden, Appellant.

Appeal From Laurens County

Brooks P. Goldsmith, Circuit Court Judge

Unpublished Opinion No. 2009-UP-597

Submitted December 1, 2009 – Filed
December 15, 2009   

AFFIRMED

Thomas J. Quinn, of Greenville, for
Appellant.

Attorney General Henry Dargan McMaster, Chief
Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General
Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of
Columbia; and Solicitor Jerry W. Peace, of Greenwood, for Respondent.

PER CURIAM:  Rudolph
Holden appeals the trial court's denial of his motion for an evidentiary
hearing.  He argues the trial court erred in denying his motion because an
evidentiary hearing would establish his guilty plea was not voluntary and he
did not make a knowing and intelligent waiver of the right to counsel.  We affirm pursuant to Rule 220(b), SCACR,
and the following authority: Bray v.
State, 366 S.C. 137, 140, 620 S.E.2d
743, 745 (2005) (holding the doctrine of laches bars an action where there is
an unexpected delay in bringing the claim).

AFFIRMED.[1]

HUFF,
GEATHERS, JJ., and CURETON, A.J., concur. 

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

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