The Supreme Court of South Carolina
Charles M. Mitchell, Petitioner,
v.
State of South Carolina, Respondent.
Richland County
Docket No.: 1992-GS-40-02260
ORDER
Petitioner filed a motion on December 16, 2014 for resentencing pursuant to Aiken v. Byars, 410 S.C. 534, 765 S.E.2d 572 (SC 2014). By order dated August 4, 2016 the Honorable R. Knox McMahon was assigned exclusive jurisdiction over this matter. I find that the retirement of the Honorable R. Knox McMahon requires that this matter be reassigned. Now, therefore, pursuant to SC Const., art. V, § 4,
IT IS HEREBY ORDERED that the Honorable Clifton Newman be vested with exclusive jurisdiction over the Petitioner's Motion for Resentencing in the above-captioned matter.
Judge Newman shall at all times be vested with concurrent jurisdiction in all circuits of the state to dispose of matters relating to this case, and shall decide all matters pertaining to the Petitioner's Motion, and shall retain jurisdiction over this matter regardless of where he may be assigned to hold court, and may schedule such hearings as may be necessary at any time without regard as to whether there is a term of court scheduled.
If necessary, to resolve issues related to the appointment of counsel, a hearing shall be conducted within thirty (30) days of this order.
Within sixty (60) days of the date of this order, Judge Newman shall issue a scheduling order setting forth the schedule that shall be followed in this matter, including the date of the hearing on the merits. The scheduling order may be amended as necessary.
s/Donald W. Beatty Donald W. Beatty Chief Justice |
Columbia, South Carolina
August 27, 2018