THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

James L. Heyward, Respondent/Petitioner,

v.

State of South Carolina, Petitioner/Respondent.

ON WRITS OF CERTIORARI

Appeal from Berkeley County
 Daniel  F.  Pieper, Circuit Court Judge

Memorandum Opinion No. 2007-MO-068
Submitted November 15, 2007 – Filed December 10, 2007  

 DISMISSED AS IMPROVIDENTLY GRANTED

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of  South Carolina Commission on Indigent Defense, Division of Appellate Defense, Columbia, for Respondent/Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Petitioner/Respondent.

PER CURIAM:  After careful consideration of the appendix and briefs, both writs of certiorari are

DISMISSED AS IMPROVIDENLY GRANTED.

TOAL, C.J., MOORE, WALLER, PLEICONES and BEATTY, JJ., concur.