The Supreme Court of South Carolina
RE: Freddie Eugene Owens, Brad Keith Sigmon, Gary Dubose Terry, and Richard Charles Moore, Plaintiffs, v. Bryan P. Stirling, in his official capacity as the Director of the South Carolina Department of Corrections, South Carolina Department of Corrections, and Henry D. McMaster, in his official capacity as Governor of South Carolina, Defendants.
Civil Action No. 2021-CP-40-02306.
In this civil action currently pending before the Honorable Jocelyn Newman, Plaintiffs raise claims about all three methods of execution set forth in section 24-3-530 of the South Carolina Code (Supp. 2021). Because this action could determine whether Plaintiffs' executions would be lawful, the stays of execution issued in State v. Sigmon (Appellate Case No. 2002-024388), State v. Moore (Appellate Case No. 2001-021895), and State v. Terry (Appellate Case No. 1997-006197) shall remain in effect pending resolution of this action, including any appeal to the South Carolina Supreme Court taken from Judge Newman's decision. The Clerk of the Supreme Court is directed not to issue a notice of execution for Freddie Eugene Owens prior to the resolution of this action.
Judge Newman shall, within ninety days of the date of this order, complete the trial in this action. Within thirty days after completion of the trial, Judge Newman shall issue a decision in this action.
s/Donald W. Beatty
Donald W. Beatty
Chief Justice of South Carolina
Columbia, South Carolina
May 5, 2022
Donald J. Zelenka, Esquire
W. Edgar Salter, III, Esquire
Robert Michael Dudek, Esquire
Susan Barber Hackett, Esquire
Alan McCrory Wilson, Esquire
Lindsey Sterling Vann, Esquire
Hannah Lyon Freedman, Esquire
John H. Blume, III, Esquire
Melody Jane Brown, Esquire
Whitney Boykin Harrison, Esquire
Gerald Donovan Malloy, Esquire
Salley W. Elliott, Esquire
Emily C. Paavola, Esquire
Megan Elizabeth Barnes, Esquire
Joshua Snow Kendrick, Esquire
Melissa Jane Armstrong, Esquire
Brendon MathewVan Winkle, Esquire
Elizabeth Anne Franklin-Best, Esquire
Barton Jon Vincent, Esquire
The Honorable Jocelyn Newman