Opinion
January 31, 2005. May 1, 2005.
ORDER
By order dated January 31, 2005 (attached), amendments to Rule 227 of the South Carolina Appellate Court Rules (SCACR) were submitted to the General Assembly pursuant to Article V, § 4A, of the South Carolina Constitution. Since ninety days have passed since submission without rejection by the General Assembly, the amendments to Rule 227, SCACR, are effective immediately.
IT IS SO ORDERED.
s/Jean H. Toal C.J.
s/James E. Moore J.
s/John H. Waller, Jr. J.
s/E.C. Burnett, III J.
s/Costa M. Pleicones J.
ORDER
Pursuant to Article V, § 4, of the South Carolina Constitution, Rule 227 of the South Carolina Appellate Court Rules is amended as set forth in the attachment to this order. These amendments shall be submitted to the General Assembly as provided by Article V, § 4A, of the South Carolina Constitution.
IT IS SO ORDERED.
s/Jean H. Toal C.J.
s/James E. Moore J.
s/John H. Waller, Jr. J.
s/E.C. Burnett, III J.
s/Costa M. Pleicones J.
AMENDMENTS TO RULE 227 OF THE SOUTH CAROLINA APPELLATE COURT RULES
(1) Sections (c) through (j) of Rule 227, SCACR, are re-lettered as Sections (d) through (k).
(2) Section (c) is added to Rule 227, SCACR, to read as follows:
(c) Explanation Required. If the lower court has determined that the post-conviction relief action is barred as successive or being untimely under the statute of limitations, the petitioner must, at the time the notice of appeal is filed, provide an explanation as to why this determination was improper. This explanation must contain sufficient facts, argument and citation to legal authority to show that there is an arguable basis for asserting that the determination by the lower court was improper. If the petitioner fails to make a sufficient showing, the notice of appeal may be dismissed.
(3) Rule 227, SCACR, is amended by adding the following:
(l) Transfer of Cases to the Court of Appeals. The Supreme Court may transfer a case filed under this rule to the Court of Appeals. If transferred, the Court of Appeals shall proceed with the case in the same manner as the Supreme Court would have done under this rule with the exception that a petition for a writ of certiorari may be granted by one judge of a three-judge panel. Review of any final decision of the Court of Appeals shall be by a petition for a writ of certiorari under Rule 226, SCACR.