What is the procedure for filing a motion for post-conviction relief?

In South Carolina, a motion for post-conviction relief can be filed after a criminal conviction. This motion seeks to overturn the conviction based on evidence that was either not presented at the original trial, or that was not available at the time of the conviction. The first step to filing a motion for post-conviction relief is to determine if the conviction is eligible for such a motion. A conviction may be eligible if the defendant’s rights were violated, or if there was a change in the law that would have affected the outcome of the original trial. Once it is determined a motion for post-conviction relief is eligible, paperwork must be filed with the court. This paperwork includes a petition that contains information about the case, including details of the crime, the conviction, and the reason for the motion. After the petition is filed, a hearing will be scheduled where the defendant can present evidence for their motion. This may include witnesses, expert testimony, or documents in support of their claim that the conviction should be overturned. The court will then decide if the motion should be granted based on the presented evidence. If the motion is granted, the court will typically order the prosecutor to respond, allowing them to present evidence of their own. Both parties will then make their arguments before the court, and the court will make a decision. If the motion is denied, the defendant may appeal the decision, but the chances of it being granted are slim.

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What is the procedure for filing a motion for post-conviction relief?

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