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State v. Attardo

Supreme Court of South Carolina
Dec 15, 1978
249 S.E.2d 771 (S.C. 1978)

Opinion

December 15, 1978. December 15, 1978.


This is a motion for supersedeas. Petitioners, inmates at the Lexington County jail, seek to supersede an order of the Honorable Louis Rosen denying their request for release based on an application of State v. Patterson, Opinion No. 20737, S.C. 249 S.E.2d 770, filed August 9, 1978, to Code Section 17-23-90 (1976). We deny the motion.

Our decision in State v. Patterson, supra, wherein we held that a term of court terminates when court adjourns at the end of the week, has no application to a defendant's right to a speedy trial as defined in Code Section 17-23-90. That provision clearly envisions statutory terms of court as scheduled by the General Assembly rather than "special" terms designated by the Chief Justice. The construction urged by the petitioners would require that a defendant be tried within two weeks of his incarceration to avoid a violation of his right to a speedy trial. This construction would place an impossible burden upon our judicial system. Accordingly, we conclude Section 7-23-90 applies only to statutory terms of court, not to the special terms of court considered in State v. Patterson.

Petitioners' motion for supersedeas is hereby denied.

IT IS SO ORDERED.


Summaries of

State v. Attardo

Supreme Court of South Carolina
Dec 15, 1978
249 S.E.2d 771 (S.C. 1978)
Case details for

State v. Attardo

Case Details

Full title:Ex parte Michael Thomas ATTARDO, Petitioner. In re The STATE, Plaintiff…

Court:Supreme Court of South Carolina

Date published: Dec 15, 1978

Citations

249 S.E.2d 771 (S.C. 1978)
249 S.E.2d 771

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