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Geer v. State

Citations: 417 S.C. 2; 788 S.E.2d 701Docket: Docket No.: 1995-GS-04-01935

Court: Supreme Court of South Carolina; July 15, 2016; South Carolina; State Supreme Court

Narrative Opinion Summary

Petitioner filed a motion for resentencing on July 6, 2016, under the precedent set by Aiken v. Byars. The order designates Judge Letitia H. Verdin with exclusive jurisdiction over the motion. Judge Verdin will maintain concurrent jurisdiction across all state circuits to address any related matters and will retain jurisdiction regardless of her court assignments. She is authorized to schedule necessary hearings at any time, independent of court terms. A hearing concerning the appointment of counsel, if needed, will occur within thirty days. Within sixty days, Judge Verdin is required to issue a scheduling order outlining the timeline for the case, including the hearing date on the merits, with provisions for amendments as needed. The order is signed by Chief Justice Costa M. Pleicones.

Legal Issues Addressed

Concurrent Jurisdiction Across Circuits

Application: Judge Verdin is granted the authority to manage related matters across all state circuits, maintaining jurisdiction irrespective of her court assignments.

Reasoning: Judge Verdin will maintain concurrent jurisdiction across all state circuits to address any related matters and will retain jurisdiction regardless of her court assignments.

Exclusive Jurisdiction Assignment

Application: The case assigns exclusive jurisdiction over the motion for resentencing to a specific judge, ensuring that she manages all related proceedings.

Reasoning: The order designates Judge Letitia H. Verdin with exclusive jurisdiction over the motion.

Issuance of Scheduling Order

Application: The judge must issue a scheduling order within sixty days to establish case timelines, including the hearing on the merits, with flexibility for amendments.

Reasoning: Within sixty days, Judge Verdin is required to issue a scheduling order outlining the timeline for the case, including the hearing date on the merits, with provisions for amendments as needed.

Judicial Authority for Scheduling

Application: Judge Verdin is empowered to schedule necessary hearings at her discretion, independent of the standard court calendar.

Reasoning: She is authorized to schedule necessary hearings at any time, independent of court terms.

Timely Hearing for Appointment of Counsel

Application: A hearing regarding the appointment of counsel must be conducted within a specified time frame to ensure procedural efficiency.

Reasoning: A hearing concerning the appointment of counsel, if needed, will occur within thirty days.