What are some common grounds for criminal appeals?

Common grounds for criminal appeals in South Carolina are technicalities of the trial, legal errors, and the innocence of the person convicted. Technicalities of the trial involve violations of the defendant’s constitutional rights throughout the trial or sentencing. An example of a technicality could be that the defendant was not informed of the charges against them prior to trial. If an appeal is filed on the basis of a technicality, the conviction is typically reversed without any evidence. Legal errors are also a common grounds for criminal appeals. This can include an error in the application of the law, incorrect directions to the jury, or inadmissible evidence being used during a trial. These errors must have a material impact on the outcome of the trial to be valid grounds for an appeal. Innocence can also be a ground for an appeal, but it is much more difficult to prove. In order to prove innocence, new evidence that was not available or available but not presented in the first trial must be presented in the appeal. This includes evidence that was not available due to newly discovered facts, newly invented evidence, or newly discovered legal authority. In South Carolina, criminal appeals can be difficult to win and the process can be lengthy. However, if any of these grounds can be proven, an appeal may be successful in overturning a criminal conviction.

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What are some common grounds for criminal appeals?

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