Opinion
Appellate Case 2021-000240
08-25-2021
Lance Lyles, SCDC #313308, Petitioner, v. State of South Carolina, Respondent.
William G. Yarborough, III, Esquire Lauren Carole Hobbis, Esquire Barry Joe Barnette, Esquire Derrick Bruce Bulsa, Esquire The Honorable Amy Kathryn West Cox The Honorable J. Derham Cole Court Administration
William G. Yarborough, III, Esquire Lauren Carole Hobbis, Esquire Barry Joe Barnette, Esquire Derrick Bruce Bulsa, Esquire The Honorable Amy Kathryn West Cox The Honorable J. Derham Cole Court Administration
ORDER
Donald W. Beatty C. J.
Petitioner asks this Court, in its original jurisdiction, to appoint and assign a judge to hear his motion for resentencing pursuant to Aiken v. Byars, 410 S.C. 534, 765 S.E.2d 572 (2014) filed on October 26, 2015 (amended on September 21, 2018, and September 22, 2020). Because this is an administrative matter not appropriate for the Court's original jurisdiction, we deny the petition for original jurisdiction.
Pursuant to Article V, Section 4 of the South Carolina Constitution, IT IS HEREBY ORDERED that the Honorable J. Derham Cole be vested with exclusive jurisdiction over the Petitioner's Motion for Resentencing in the above-captioned matter.
Judge Cole 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 Cole 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.