What is a direct appeal?
A direct appeal is the process of appealing a criminal conviction in South Carolina. It is the first step for a convicted individual to try to have their conviction overturned or their sentence reduced. When a person is convicted of a crime in South Carolina, they must usually file a direct appeal to the South Carolina Supreme Court within 14 days. It is important to note that the Supreme Court does not hear the facts of the case presented at trial, but instead only examines the record of the trial to see if there was any errors made by the trial court or any other mistakes that could have affected the outcome of the trial. The Supreme Court also will consider any constitutional issues raised by the parties or their attorneys that may have impacted the outcome of the case. In the appeal, the convicted person must provide the Supreme Court with written arguments as to why their conviction should be overturned or reduced. These arguments must include details of any errors that were made at the trial court level that could have impacted the outcome of the case. The Supreme Court will then decide if they agree with the arguments presented and will either overturn or reduce the sentence, or let the original sentence stand. There are very specific rules that must be followed in order to file a direct appeal in South Carolina. It is important to be aware of these rules and seek legal advice from an experienced attorney if considering filing a direct appeal.
Related FAQs
What is a Criminal Appeal Bond?What is the standard of review for post-conviction relief?
What is an en banc court?
How do I file a criminal appeal?
How do I file a petition for rehearing on an appeal?
What is the difference between direct and collateral appeal?
Are there appellate court opinions that can be cited in a criminal appeal?
How long do I have to file an appeal after a criminal conviction?
What is a petition for certiorari?
Are there rules of appellate procedure for criminal appeals?
Related Blog Posts
Navigating the Criminal Appeal Law Process: A Guide for Clients - July 31, 2023Understanding the Elements of a Criminal Appeal Case - August 7, 2023
What to Expect When Filing a Criminal Appeal - August 14, 2023
Strategies for Effectively Contesting a Criminal Conviction - August 21, 2023
5 Tips on How to Prepare for Criminal Appeal Hearings - August 28, 2023