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Unpublished Opinion No. 2009-UP-563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.