Are there procedural rules for criminal appeals?

Yes, there are procedural rules for criminal appeals in South Carolina. All appeals must be filed within 10 days from the date of the judgment, order, or sentence, unless the time is extended. The appellant must file the Notice of Appeal in the trial court of original jurisdiction, and provide a copy to the opposing party. The appellant’s brief must also be filed in the trial court of original jurisdiction, informing the court of the appellant’s legal arguments for why the judgment or sentence should be reconsidered. The appellate court then reviews the appellant’s brief, as well as any briefs submitted by the respondent. Additionally, the appellate court may order a hearing if necessary. The hearings are written “in banc,” meaning that all judges of the court participate in the review. This ensures that all judges are familiar with the case, and arrive at a just decision. After the hearing, the court will issue an opinion, either affirming the conviction or reversing the conviction. Once the decision is issued, the appellant or respondent may request an en banc rehearing, or take the case to the Supreme Court of South Carolina. If a rehearing is requested, the court may reaffirm the earlier decision, or it may modify the decision to reflect new considerations. The Supreme Court has the final say on any criminal appeals in South Carolina.

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Are there procedural rules for criminal appeals?

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