Best v. Glover ( 2013 )


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  • THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
    CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
    EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
    THE STATE OF SOUTH CAROLINA
    In The Court of Appeals
    Hartford R. Best, Appellant,
    v.
    Samuel B. Glover, Director of the South Carolina
    Department of Probation, Parole and Pardon Board,
    Respondent.
    Appellate Case No. 2011-184506
    Appeal From Richland County
    L. Casey Manning, Circuit Court Judge
    Unpublished Opinion No. 2013-UP-194
    Submitted March 1, 2013 – Filed May 15, 2013
    APPEAL DISMISSED
    Hartford Best, pro se.
    Tommy Evans, Jr., of the South Carolina Department of
    Probation, Parole and Pardon Board, of Columbia, for
    Respondent.
    PER CURIAM: Because a procedural defect precludes meaningful review of this
    appeal, we dismiss pursuant to Rule 220(b), SCACR, and the following authority:
    Rule 211(b), SCACR (requiring the content of a party's final brief to be identical to
    the initial brief, with the exception of including references to the record on appeal
    and correcting obvious typographical errors and misspellings contained in the
    initial brief).1
    APPEAL DISMISSED.2
    FEW, C.J., and GEATHERS and LOCKEMY, JJ., concur.
    1
    We also find the appeal fails on the merits because Best did not demonstrate the
    lack of any other legal remedy. See Redmond v. Lexington Co. Sch. Dist., 
    314 S.C. 431
    , 437, 
    445 S.E.2d 441
    , 445 (1994) (providing to obtain a writ of mandamus, the
    applicant must show the co-existence of four elements, including a lack of any
    other legal remedy). Best's failure to seek post-conviction relief warranted
    dismissal of his petition for a writ of mandamus. See 
    S.C. Code Ann. § 17-27
    -
    20(a)(5) (2003) (providing post-conviction relief is the exclusive remedy for
    challenging the parole board unlawfully revoked a person's parole).
    2
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2013-UP-194

Filed Date: 5/15/2013

Precedential Status: Non-Precedential

Modified Date: 10/22/2024