What is the process for filing a criminal appeal in state court?

In order to file a criminal appeal in South Carolina state court, the appellant (or their attorney) must first file a notice of appeal. This must be done within 30 days of the entry of the judgment or sentence, otherwise the appeal will be considered untimely and may be rejected. Once the notice of appeal is received, the court clerk will assign a court reporter to transcribe the court proceedings and prepare the record. After the record has been prepared, the appellant is then required to submit their legal argument, as well as any related documents, to the appellate court. This may include motions to suppress evidence or to consider new information, as well as the appellant’s own evidence or declaration. Attorneys may also submit briefs to the court for briefing, as well as any other relevant documents. Once all documents are submitted to the court, the appellate court will review the record and make a decision as to whether the appeal should be allowed. This may consist of a hearing, which allows the appellant to argue their case in front of the appellate court. If the decision is favorable to the appellant, the court may order a new trial or reduce the sentence. If the court decides against the appellant, the court may affirm the original conviction. The decision of the appellate court is final and cannot be appealed again.

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What is the process for filing a criminal appeal in state court?

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