What procedures are available to challenge a conviction on appeal?

In South Carolina, there are a few procedures available to challenge a conviction on appeal. Generally, the appeals process starts with the filing of a Notice of Appeal and the payment of an appeal fee. This notifies the court of the defendant’s intent to challenge the conviction. The defendant and the state are then given the opportunity to file briefs outlining their respective legal arguments. During the appellate process, the appellate court reviews the proceedings as well as the briefs filed in order to decide the outcome of the appeal. The appellate court must take a look at the trial court’s record as well as the briefs submitted by the parties to evaluate whether any errors occurred. If the appellate court finds any errors, it will reverse the conviction or modify the sentence. On the other hand, if the appellate court finds that the conviction or sentence was fair and proper according to the law, it will affirm the decision. In some cases, parties can also file a petition for additional relief. This may be possible if the party believes that the appellate court failed to consider all relevant facts and evidence. The petition must be filed with justification for the request for relief. In the case that a petition is granted, the appellate court may modify the conviction or sentence in light of the new information. Overall, appellate law in South Carolina provides defendants with the opportunity to challenge their convictions or sentences on appeal. The key procedure for doing this is the filing of a Notice of Appeal and the payment of an appeal fee. Additionally, a petition for additional relief may be possible if the appellate court fails to consider additional evidence or facts.

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