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Key v. Currie

Supreme Court of South Carolina
Jul 8, 1991
305 S.C. 115 (S.C. 1991)

Summary

holding that the South Carolina Supreme Court will not entertain matters in its original jurisdiction, absent an extraordinary reason, when the matter can be entertained in the state trial court

Summary of this case from Wazney v. Warden of Lee Corr. Inst.

Opinion

July 8, 1991.


July 8, 1991.

ORDER

Plaintiff seeks to have this Court grant a writ of mandamus to compel the defendants to credit him with time served prior to his criminal trial. We refuse to entertain this matter in our original jurisdiction.

In recent months, the number of petitions seeking to have this Court exercise its original jurisdiction has increased dramatically. We take this opportunity to emphasize the limitations we have placed on our original jurisdiction.

Although Article V, § 5, of the South Carolina Constitution vests this Court with the authority to issue extraordinary writs and entertain actions in its original jurisdiction, this Court's primary function is to act as an appellate court to review appeals from the trial courts. In Rule 229, SCACR, this Court has indicated it will not entertain matters in its original jurisdiction where the matter can be entertained in the trial courts of this State. Only when there is an extraordinary reason such as a question of significant public interest or an emergency will this Court exercise its original jurisdiction.

In the present matter, there is no extraordinary reason to exercise the Court's original jurisdiction. Accordingly, this matter is dismissed.

It is so ordered.


Summaries of

Key v. Currie

Supreme Court of South Carolina
Jul 8, 1991
305 S.C. 115 (S.C. 1991)

holding that the South Carolina Supreme Court will not entertain matters in its original jurisdiction, absent an extraordinary reason, when the matter can be entertained in the state trial court

Summary of this case from Wazney v. Warden of Lee Corr. Inst.

holding only if an extraordinary reason, such as a question of significant public interest or an emergency, exists will this Court determine a matter in its original jurisdiction

Summary of this case from Creswick v. The Univ. of S.C.

denying writ petition because no "extraordinary reason" existed

Summary of this case from Wilson v. Moore
Case details for

Key v. Currie

Case Details

Full title:Joseph A. KEY, Plaintiff v. Robert E. CURRIE, Warden, A.C.I., Parker…

Court:Supreme Court of South Carolina

Date published: Jul 8, 1991

Citations

305 S.C. 115 (S.C. 1991)
406 S.E.2d 356

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