You are on page 1of 0

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF DARLINGTON )
)
)
) 2012-CP-16-814
Timothy Michael Farris, )
)
Applicant, )
)
v. )
) Motion for Appointment of Counsel
State of South Carolina, )
)
Respondent. ) Third Request
)
)
Pursuant to Rule 71.1, SCRCP, the pro se applicant respectfully requests this
Court to appoint counsel to represent him in his post-conviction motion for relief. All the
conditions are ripe for either an evidentiary hearing or a ruling based on pleadings,
exhibits, and affidavits.
The State filed its return and its counsel, Tyson Andrew Johnson, filed his
appearance in April 2013. The applicants Motion for Summary Judgment, filed
simultaneously with this request, presents questions of law and fact.
If the Court schedules an evidentiary hearing, although the Applicant is fully
conversant with the facts and law in his Motion for Summary Judgment, he cannot function
as an attorney. He cannot hop back and forth from counsel table to witness chair. He
cannot possibly know the what-and- when to raise objections, nor any other facet of legal
training and experience. He would be at a great disadvantage, with an adversary such as
the State and its representative, a trained and experienced attorney. An evidentiary hearing
in which the Applicant stands alone against the State would be one-sided and unfair.
-1-
The Applicants only assistance in all these years is a non-lawyer. If the court
decides to hold an evidentiary hearing, prompt appointment of counsel to assist the
Applicant is mandated by statute, and it is within the discretionary authority of a judge to
appoint counsel. See, Title 17 chapter 3, 17-3-100.
The Supreme Court of South Carolina has said, [I]n South Carolina, if a PCR
application presents questions of law or fact requiring a hearing, and the applicant is
indigent, state law provides that counsel must be appointed. Richardson v. State, 377 S.C.
103, 659 S.E.2d 493 (2008).
The Applicant is willing to waive the evidentiary hearing, which would serve the State
in terms of conserving resources, if the Court is willing to rule on the basis of the pleadings,
evidence, and affidavits.
WHEREFORE, the Applicant moves this Court to appoint counsel to represent him
in his post-conviction relief motion, or to save the resources that would be wasted on a
hearing and grant the Motion for Summary Judgment with prejudice.
Respectfully submitted,
Dated:
Timothy Michael Farris
7910 Hilllanby Court
Waxhaw, North Carolina 28173
-2-
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
)
COUNTY OF DARLINGTON )
)
)
) 2012-CP-16-814
Timothy Michael Farris, )
)
Applicant, )
) [Proposed] ORDER on Motion for
) Appointment of Counsel
)
v. )
)
State of South Carolina, )
)
Respondent. )
)
)
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
The matter of Applicant, Timothy Michael Farris, for this Court to appoint counsel
to represent him in his post-conviction motion for relief, pursuant to Rule 71.1, SCRCP,
and the Court having considered conservation of judicial resources as well as the
pleadings and papers, hereby ORDERS the matter will not be subject to an evidentiary
hearing but will be decided on the basis of pleadings and papers submitted by the parties.
DATED:
Honorable J. Michael Baxley
Chief Administrative Judge
Fourth Circuit
Certificate of Service
A true and correct copy of the Motion to Appoint Counsel was mailed to the office of
Assistant Attorney General Tyson A. Johnson, Sr.
Post Office Box 11549
Columbia, SC 29211
This day of , 2013.
Timothy Michael Farris, Pro Se
7910 Hilllanby Court
Waxhaw, North Carolina 28173