Lindsey v. Catoe

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT
BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE
239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Roy G. Lindsey,       
Appellant,

v.

William D. Catoe, Director, S.C. Department
of Corrections, and Henry Dargan McMaster, Attorney General,       
Respondents.

Appeal From Greenville County

L. Casey Manning, Circuit Court Judge

Unpublished Opinion No. 2004-UP-327

Submitted March 19, 2004 – Filed May
14, 2004

AFFIRMED

Assistant Appellate Defender Eleanor Duffy Cleary, of Columbia,
for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Allen Bullard, and
Assistant Attorney General David Spencer, all of Columbia, for Respondent.

PER CURIAM:  Affirmed pursuant to South
Carolina Rules of Appellate Practice, Rule 220, and the following authorities: 
Simpson v. State, 329 S.C. 43, 46, 495 S.E.2d 429, 430-31 (1998) (holding
a party may not petition for a writ of habeas corpus before the circuit or other
lower courts of this State, where the claim is cognizable under the PCR statutes);
S.C. Code Ann. § 17-27-20(b) (1985) (stating the PCR statute “comprehends and
takes the place of all other common law, statutory or other remedies heretofore
available for challenging the validity of the conviction or sentence,” and provides
the Act “shall be used exclusively in place of them”). 

AFFIRMED.
[1]

GOOLSBY, HOWARD, and BEATTY, JJ., concurring.

[1] Because oral argument would not aid the Court in resolving any issue
on appeal, we decide this case without oral argument pursuant to Rule 215
and 220(b)(2), SCACR.