Can a criminal appeal be reheard by the same court?

In South Carolina, a criminal appeal cannot typically be reheard by the same court. Generally, once the original court has made a decision on an appeal, there is no legal authority allowing the court to rehear the case. The only exception to this rule is if the court discovers a fundamental legal error that could result in the conviction being reversed or set aside. In order to have a criminal appeal reheard, a defendant will need to appeal the case to a higher court. This court will then review the record and evidence from the original trial and decide whether any legal errors were made. If a legal error was found, the court may reverse or set aside the original criminal conviction. It is also possible for the court to simply review the original court’s decision and uphold it. In South Carolina, a criminal appeal is always heard by a higher appellate court, regardless of whether the defendant is appealing a felony or a misdemeanor conviction. The higher court must also consider any legal errors found in the lower court’s decision. This ensures that criminal convictions are held accountable to the highest standards of the law.

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Can a criminal appeal be reheard by the same court?

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