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    Motion To Appoint Counsel

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    Gloria Grening Wolk
    Timothy Michael Farris filed a pro se motion for post-conviction relief and is requesting that the court appoint him counsel. He argues that he received newly discovered evidence in June 2012 and filed his motion within the one year deadline. He contends that the newly discovered evidence requires vacating his plea based on ineffective counsel and constitutional violations. As the evidence is substantial, an experienced appellate attorney is needed to assist him. As an indigent applicant, state law requires appointing counsel if questions of law or fact require a hearing. Farris asserts that his application meets this requirement and that he is not competent to represent himself at the hearing pro se.

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    Motion To Appoint Counsel

    Uploaded by

    Gloria Grening Wolk
    164 views4 pages
    Timothy Michael Farris filed a pro se motion for post-conviction relief and is requesting that the court appoint him counsel. He argues that he received newly discovered evidence in June 2012 and filed his motion within the one year deadline. He contends that the newly discovered evidence requires vacating his plea based on ineffective counsel and constitutional violations. As the evidence is substantial, an experienced appellate attorney is needed to assist him. As an indigent applicant, state law requires appointing counsel if questions of law or fact require a hearing. Farris asserts that his application meets this requirement and that he is not competent to represent himself at the hearing pro se.

    Original Description:

    Request to the court to appoint an attorney for the hearing on post-conviction relief.

    Original Title

    Motion to Appoint Counsel

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    Timothy Michael Farris filed a pro se motion for post-conviction relief and is requesting that the court appoint him counsel. He argues that he received newly discovered evidence in June 2012 and filed his motion within the one year deadline. He contends that the newly discovered evidence requires vacating his plea based on ineffective counsel and constitutional violations. As the evidence is substantial, an experienced appellate attorney is needed to assist him. As an indigent applicant, state law requires appointing counsel if questions of law or fact require a hearing. Farris asserts that his application meets this requirement and that he is not competent to represent himself at the hearing pro se.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    164 views4 pages

    Motion To Appoint Counsel

    Uploaded by

    Gloria Grening Wolk
    Timothy Michael Farris filed a pro se motion for post-conviction relief and is requesting that the court appoint him counsel. He argues that he received newly discovered evidence in June 2012 and filed his motion within the one year deadline. He contends that the newly discovered evidence requires vacating his plea based on ineffective counsel and constitutional violations. As the evidence is substantial, an experienced appellate attorney is needed to assist him. As an indigent applicant, state law requires appointing counsel if questions of law or fact require a hearing. Farris asserts that his application meets this requirement and that he is not competent to represent himself at the hearing pro se.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

    )
    COUNTY OF DARLINGTON )
    )
    )
    ) 2012-CP-16-814
    Timothy Michael Farris, )
    )
    Applicant, )
    )
    v. )
    ) Motion for Appointment of Counsel
    State of South Carolina, )
    )
    Respondent. )
    )
    ________________________________)
    The Applicant, Timothy Michael Farris, pro se, moves this Court to appoint counsel
    to represent him in his post-conviction motion for relief, pursuant to Rule 71.1, SCRCP (If,
    after the State has filed its return, the application presents questions of law or fact which
    will require a hearing, the court shall promptly appoint counsel to assist the applicant if he
    is indigent.)
    In support of this motion, the Applicant states as follows:
    1. The Applicant received newly discovered evidence on June 4, 2012.
    2. The Applicant filed a motion for post-conviction relief on September 24,
    2012, well within one year of actual discovery of the facts.
    3. The motion seeks to vacate the Applicants plea in State v. Farris based on
    newly discovered evidence, ineffective representation of counsel, and
    violations of his Fourth, Sixth, and Fourteenth Amendment rights.
    4. If the applicant contends that there is evidence of material facts not
    previously presented and heard that requires vacation of the conviction or
    -1-
    sentence, the application must be filed under this chapter within one year
    after the date of actual discovery of the facts by the applicant or after the
    date when the facts could have been ascertained by the exercise of
    reasonable diligence. S.C. Code Ann. 17-27-45(C) (Supp. 2001).
    5. The states Motion to Dismiss was filed on January 17, 2013 and delivered
    to the Applicant on February 8, 2013 along with the courts Conditional Order
    to Dismiss.
    6. The Applicant filed a response to the Order and Motion to Dismiss on
    February 13, 2013.
    7. The newly discovered evidence is substantial and voluminous, requiring the
    assistance of a competent, experienced appellate attorney.
    8. The Applicant asks the Court to appoint counsel to represent him. The
    Applicant is indigent and cannot afford to hire a lawyer. His affidavit of
    indigency is on record with this court.
    9. The Supreme Court of South Carolina has said:
    While there is no constitutional obligation to appoint
    counsel in a PCR matter, in South Carolina, if a PCR
    application presents questions of law or fact requiring
    a hearing, and the applicant is indigent, state law
    provides that counsel must be appointed. Richardson v.
    State, 377 S.C. 103, 659 S.E.2d 493 (2008).
    10 The Applicants application for post-conviction relief reflects questions both
    of law and fact requiring a hearing.
    11. Applicant is not competent to conduct the hearing pro se.
    -2-
    WHEREFORE, the Applicant moves this Court to appoint counsel represent him in
    his post-conviction relief motion, or to grant such other relief as justice may require.
    Respectfully submitted,
    Dated:_______________ ________________________________
    Timothy Michael Farris
    7910 Hilllanby Court
    Waxhaw, North Carolina 28173
    (704) 843-5854
    -3-
    Certificate of Service
    A true and correct copy of the Motion to Appoint Counsel was mailed to the Office of
    Assistant Attorney General Tyson A. Johnson, Sr.
    Post Office Box 11549
    Columbia, SC 29211
    This ____ day of ______________, 2013.
    ______________________________________
    Timothy Michael Farris
    7910 Hilllanby Court Waxhaw, North Carolina
    28173

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