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2004-UP-327 - 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Unpublished Opinion No. 2004-UP-327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.