Bowers v. Cartledge

Filing 69

ORDER - The Court finds the Lindsey indictment is appropriate to include in the record and grants the unopposed motion to supplement the record 68 to include the document. Signed by Honorable Richard M Gergel on 10/7/2015. (Attachments: # 1 Exhibit E - Indictment of the defendant in State v. Lindsey) (gmil)

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

James Bowers, #279049,
Petitioner,
vs.
Warden Joseph McFadden,
Respondent.

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C.A. No. 0: 14-358-RMG
S.C. App. Case No. 2015-1946

CERTIFICATION ORDER
SUPPLEMENTATION OF RECORD

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This matter comes before the Court on Petitioner's motion to include additional material
in the record provided to the South Carolina Supreme Court to address proposed certified
questions presented the South Carolina Supreme Court by order of this Court dated September
11, 2015. (Dkt. No. 68). Petitioner seeks to have added to the record the indictment referenced in
the South Carolina Supreme Court's decision in State v. Lindsey, 583 S.E.2d 740 (S.C. 2003),
which this Court made reference to in its Certification Order. (Dkt. No. 64 at 4-5). Respondent
has consented to Petitioner's motion. (Dkt. No. 68).
South Carolina Appellate Court Rule 244(b) provides that if a party in a matter certified
to the South Carolina Supreme Court "believes that additional materials from the record before
the certifYing court are necessary," the party may move before the certifYing court "to determine
if the additional materials will be submitted." The additional material requested, the indictment
of the defendant in State v. Lindsey, is explicitly addressed by the South Carolina Supreme Court
in its decision. The availability of the Lindsey indictment for review by the Supreme Court and
for comparison to the indictment in this matter may be helpful to the South Carolina Supreme
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Court in addressing the certified questions. Therefore, the Court finds the Lindsey indictment is
appropriate to include in the record and grants the unopposed motion to supplement the record to
include the document, which is referenced as Exhibit E.
AND IT IS SO ORDERED.

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Richard Mark
United States District Judge
October 7, 2015
Charleston, South Carolina

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