You are on page 1of 4

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. )
)
________________________________)
The Applicant, Timothy Michael Farris, pro se, moves this Court to appoint counsel
to represent him in his post-conviction motion for relief, pursuant to Rule 71.1, SCRCP (If,
after the State has filed its return, the application presents questions of law or fact which
will require a hearing, the court shall promptly appoint counsel to assist the applicant if he
is indigent.)
In support of this motion, the Applicant states as follows:
1. The Applicant received newly discovered evidence on June 4, 2012.
2. The Applicant filed a motion for post-conviction relief on September 24,
2012, well within one year of actual discovery of the facts.
3. The motion seeks to vacate the Applicants plea in State v. Farris based on
newly discovered evidence, ineffective representation of counsel, and
violations of his Fourth, Sixth, and Fourteenth Amendment rights.
4. If the applicant contends that there is evidence of material facts not
previously presented and heard that requires vacation of the conviction or
-1-
sentence, the application must be filed under this chapter within one year
after the date of actual discovery of the facts by the applicant or after the
date when the facts could have been ascertained by the exercise of
reasonable diligence. S.C. Code Ann. 17-27-45(C) (Supp. 2001).
5. The states Motion to Dismiss was filed on January 17, 2013 and delivered
to the Applicant on February 8, 2013 along with the courts Conditional Order
to Dismiss.
6. The Applicant filed a response to the Order and Motion to Dismiss on
February 13, 2013.
7. The newly discovered evidence is substantial and voluminous, requiring the
assistance of a competent, experienced appellate attorney.
8. The Applicant asks the Court to appoint counsel to represent him. The
Applicant is indigent and cannot afford to hire a lawyer. His affidavit of
indigency is on record with this court.
9. The Supreme Court of South Carolina has said:
While there is no constitutional obligation to appoint
counsel in a PCR matter, in 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).
10 The Applicants application for post-conviction relief reflects questions both
of law and fact requiring a hearing.
11. Applicant is not competent to conduct the hearing pro se.
-2-
WHEREFORE, the Applicant moves this Court to appoint counsel represent him in
his post-conviction relief motion, or to grant such other relief as justice may require.
Respectfully submitted,
Dated:_______________ ________________________________
Timothy Michael Farris
7910 Hilllanby Court
Waxhaw, North Carolina 28173
(704) 843-5854
-3-
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
7910 Hilllanby Court Waxhaw, North Carolina
28173