Can I challenge the legality of a conviction on appeal?

Yes, it is possible to challenge the legality of a conviction on appeal in South Carolina. When filing an appeal with the appellate court, defendants are able to assert errors that occurred while the initial trial was taking place. There are three main types of errors that can be argued in an appeal: legal errors, evidentiary errors, and jury instructions. Legal errors are mistakes made by the court concerning the interpretation of the law. In order to challenge a conviction on appeal, a defendant must show that the trial court committed a legal error that was prejudicial to the defendant. In other words, the defendant must show that the error changed the outcome of the trial. Evidentiary errors refer to mistakes made by the court concerning what evidence is or is not admitted into the trial. An appeal can be made if the defendant was denied the opportunity to present evidence or if the court admitted evidence that should not have been allowed. Finally, jury instructions refer to the instructions given to the jury by the court. If the court gave the jury instructions that were incorrect or incomplete, an appeal can be filed. In summary, it is possible to challenge the legality of a conviction on appeal in South Carolina. A defendant must provide evidence of legal, evidentiary, or jury instruction errors in order to make a successful appeal.

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