South Carolina Appeals
Once a person is convicted of a felony crime in the Court of General Sessions, they have ten (10) days to file a Notice of Appeal in South Carolina. All appeals from General Sessions are directed to the Supreme Court. If the case is non-capital, the court may decide to transfer it to The Court of Appeals. If the party is incarcerated, they may be eligible for bail, depending on the judge’s ruling and the severity of the offense. However, bail will not be granted if the convicted party has been sentenced to death, life imprisonment or more than ten (10) years in prison.
When the South Carolina Court of Appeals reviews a case, it is only allowed to consider records in the court below. An appellate attorney would be able to determine the circumstances of a case that are appealable to the court by reviewing the transcript of proceedings. The appellate attorney would file an initial brief with the court, which includes relevant issues of the case for the court to review. When the court hears the case, they may decide to affirm the sentence and conviction, meaning that there are no errors of law substantial enough to reverse the decision of the lower court. The court can also reverse the judgment of the court below, which could possibly result in a new trial.
If the party is dissatisfied with the ruling in the Court of Appeals, they have an option to file a petition for the Supreme Court of South Carolina to review the decision. The Supreme Court has jurisdiction and reviews rulings of law reached by lower courts at trial or on appeal. While reviewing a particular case, the Supreme Court takes into account the transcript of proceedings before the lower court and briefs filed by each party’s attorney. During some instances the court grants oral arguments, which is also one of the key factors in its decision.
A convicted party’s retained trial attorney has an obligation to notify his/her client of their right to appeal. The attorney also has a duty to file the notice of appeal if their client wishes to appeal the conviction and sentence. When a party files a notice of appeal, it is important to seek the advice of a South Carolina appellate attorney to determine the correct procedure involved in filing an appeal in South Carolina.
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