Lewis v. State
Lewis v. State
Opinion of the Court
ORDER
By order dated January 30, 2006, the circuit court issued a conditional order of dismissal in this post-conviction relief case. This order gave petitioner twenty days to show cause why the conditional order should not become final. Instead of filing a reply to this conditional order of dismissal, petitioner has filed a petition for a writ of certiorari with this Court, which we have construed as a notice of appeal.
In our opinion, a conditional order of dismissal is not the final judgment in a post-conviction relief case since there is another act to be done before the rights of the parties are finally determined — the issuance of an order following the filing of a reply or the issuance of an order based on the default in filing a reply. S.C.Code Ann. § 17-27-70(b) (2003). Accordingly, this matter is dismissed without prejudice.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.