What is the difference between an appeal and post-conviction relief?

Appeals and post-conviction relief are both types of legal processes available to those convicted of a crime in South Carolina. However, there are distinct differences between the two. An appeal is a legal process in which a higher court reviews the decision of a lower court. It is typically used when one party believes that the lower court has made an error or violated the law in their decision. The goal of an appeal is to have the higher court review the lower court’s decision and make a new ruling. Post-conviction relief, on the other hand, is available to those who have already been convicted of a crime. This process allows an individual to challenge the outcome of their conviction or sentence. Typically post-conviction relief is based on new evidence or a lack of effective legal counsel. It is possible to have a conviction or sentence overturned if it is found that the original conviction was unjust. In summary, the difference between an appeal and post-conviction relief is that an appeal is used to challenge a lower court’s ruling while post-conviction relief is used to challenge the outcome of a conviction or sentence that has already been given. Both types of process are available in South Carolina for those convicted of a crime.

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What is the difference between an appeal and post-conviction relief?

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