What is the process of a criminal appeals court?
A criminal appeals court is a court that reviews the decisions made by lower courts in criminal cases. The process of appealing a criminal case in South Carolina varies slightly depending on the type of case. All appeals in criminal cases are handled by the South Carolina Court of Appeals. This court has the sole authority to hear all appeals related to criminal cases. The first step in the appeals process is filing a Notice of Appeal. This document, which can be completed either by the defendant or his/her attorney, is filed in the lower court where the original trial occurred. The Notice of Appeal informs the lower court that the defendant intends to appeal the decision. The next step in the process is the filing of an Appellant’s Brief. This document is designed to explain the defendant’s argument for why the decision of the lower court should be overturned. The Appellant’s Brief must be filed with the South Carolina Court of Appeals. Following the filing of the Appellant’s Brief, the state has an opportunity to file a Respondent’s Brief. This document is the state’s legal argument for why the lower court’s decision should be upheld. Once all of the legal briefs have been filed, the court will hear oral arguments from both the defendant and the state. This is the final step in the appeals process. The appeals court then makes its final decision on the case.
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