Supreme Court of South Carolina, 1998

Roberts v. Moore

Supreme Court of South Carolina · Decided September 3, 1998 · Moore, Waller, Burnett, III, Finney, Toal

505 S.E.2d 593; 332 S.C. 488; 1998 S.C. LEXIS 128 (South Eastern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Hughes v. State (S.C. 2006)
Hill v. State (S.C. 2008)
Reed v. Ozmint (S.C. 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

Respondents filed a motion seeking to have the Clerk of Court issue an execution notice. See S.C.Code Ann. § 17-25-370 (1985). Petitioner, in response, filed a petition for a writ of habeas corpus.

We deny the petition for a writ of habeas corpus. Regarding respondents’ motion, the Clerk shall issue an execution notice as provided by In re Stays of Execution in Capital Cases, 321 S.C. 544, 471 S.E.2d 140 (1996).

We take this opportunity to state that it is a ministerial duty of the Clerk of this Court to issue an execution notice pursuant to § 17-25-370. Accordingly, it is not necessary for a formal motion to be made to the Court requesting the issuance of the execution notice. In the future, if respondents believe the circumstances warrant the issuance of the notice, they may notify the Clerk by letter, with a copy sent to the appropriate parties.

IT IS SO ORDERED.

Is/ James E. Moore, Acting C.J. /s/ John H. Waller, Jr., J. /s/ E.C. Burnett, III, J. FINNEY, C.J., and TOAL, J., not participating.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.