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The Supreme Court of South Carolina

David Viron Garrett, Petitioner, 


State of South Carolina, Respondent.

 Spartanburg County

Docket No.:  2007-GS-42-06003 &06005


Petitioner filed a motion on July 8, 2016 for resentencing pursuant to Aiken v. Byars, 410 S.C. 534, 765 S.E.2d 572 (SC 2014).  By order dated July 21, 2016 the Honorable D. Garrison Hill was assigned exclusive jurisdiction over this matter.  I find that the recent election of The Honorable D. Garrison Hill to the Court of Appeals of South Carolina requires that this matter be reassigned.  Now, therefore, pursuant to SC CONST. Art. V, § 4,

IT IS HEREBY ORDERED that the Honorable R. Keith Kelly be vested with exclusive jurisdiction over the Petitioner's Motion for Resentencing in the above-captioned matter.  

Judge R. Keith Kelly 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. 

A scheduling order in this matter was issued by the Honorable D. Garrison Hill on November 22, 2016.  Judge Kelly may amend this scheduling order as necessary. 

s/Donald W. Beatty                     
Donald W. Beatty
Chief Justice  

February 13, 2017
Columbia, South Carolina