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South Carolina Appeals / Appellate Law Questions & Answers
Q: Is South Carolina state statute 16-11-620 appealable?

I was issued a trespass after notice form, even though I have not been on the properties in question for years (ome is a busimess we own 10% of, isnt this a civil rights issue to not allow me i.to a public place since I have never caused any type of trouble, etc?) and never did anything at their... View More

James L. Arrasmith
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answered on Dec 24, 2023

South Carolina State Statute 16-11-620, which pertains to trespassing after notice, can be subject to appeal under certain circumstances. If you believe the trespass notice was issued wrongly or violates your rights, particularly if it involves a property in which you have a legal interest, you may... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for South Carolina on
Q: I didn't get my preliminary hearing. Can anything be done?

I met all requirements, (signed up in time, had a lawyer, etc.) My charge should have been dropped at prelims, the weights didn't match. It was 77 grams on the warrant and 56.2 grams at court. It's 2 years later. Can I do anything about it?

Casey Brown
Casey Brown
answered on Oct 3, 2023

Was there an indictment of the charge before the preliminary hearing court date? If a person is indicted for the charge prior to the preliminary hearing then the hearing for that charge is removed.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for South Carolina on
Q: Can I appeal as a mother if my lawyer missed the date to file an appeal and I didn't know about it until 1week b4 adopti
Charles William Michaels
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Charles William Michaels
answered on Sep 2, 2022

First, I am not a South Carolina lawyer. That being said, unfortunately if the appeal deadline has been missed -- for whatever reason-- I think your appeal period has closed.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for South Carolina on
Q: How soon can I file an appeal for family court after the first hearing? Judge made decision but haven't received final.
Brittany Holmes
Brittany Holmes
answered on Mar 30, 2022

Was your first hearing a final hearing or a temporary hearing? If it was a temporary hearing you cannot file an appeal, unfortunately. The good news, however, is that you still have a chance at a favorable outcome in the next hearing so try not to worry too much.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: How do i appeal a writ of ejectment In south carolina
Katie Marie Charleston
Katie Marie Charleston
answered on Aug 11, 2021

While I am admitted to the Fourth Circuit Court of Appeals, I am not licensed in south Carolina, and this is not a private forum so this is not legal advice. What I can tell you is that there is typically a short period of time that you can appeal an ejectment. You should retain a lawyer to... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for South Carolina on
Q: I lost pcr in SC. Pcr Judge say Georgia case from Georgia appeals isn't binding upon SC courts ,is this true

Caselaw from Georgia..state v Goodman, 469 s.e.2d 327.

Georgia court of appeals ruled in favor of the guy,and say he did not violate the left turn law , my case from SC is 98% like his.

Charles William Michaels
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Charles William Michaels
answered on Jun 21, 2021

First I am not a SC attorney. But generally a case from out of state (by it Georgia, or elsewhere) do NOT bind the South Carolina courts. It can be persuarive authority but the South Carolina courts do not have to follow it.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: How do I file an criminal appeal?
Charles William Michaels
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Charles William Michaels
answered on Mar 22, 2021

First, I am not a South Carolina lawyer. However, I suppose a person will file a "criminal appeal" the same way as one would file any other appeal. The rule of thumb is to file a notice of appeal within 30 days of the trial court's final judgment--in criminal cases that's... View More

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: What does remitted to lower court mean on a appeal document?
Charles William Michaels
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Charles William Michaels
answered on Oct 5, 2020

First, I am not a South Carolina lawyer. That being said, what a "remitted to [the] lower court" means is that the issue(s) on appeal has been sent back to the lower court for whatever proceedings can be scheduled. It also means that the appeal is over and that the lower court has the case back.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: In an appeal if the accused misses his deadline he is time barred and he loses what happens if the state misses it?
Charles William Michaels
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Charles William Michaels
answered on Sep 2, 2020

First, I am not a SC lawyer. However, your question is vague. If an appellant misses the deadline to note an appeal, yes he is time barred. But if your question has to do with appeal briefs, he may be time barred if the appellant does not file a brief on time.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for South Carolina on
Q: If an inmate's case gets overturned while he's in prison shouldn't he get out of prison immediately?

His projected release date is still 13 years away on the scdc website.

Ryan D Templeton
Ryan D Templeton
answered on Apr 22, 2020

It really depend on the basis for the case being overturned. In many cases the state will try the case again so bond has to be set to make sure that person shows up for the next trial.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Litigation for South Carolina on
Q: I'm 1995, was convicted of murder in Union County, South Carolina.

Agree months ago, the victims family members wrote The Solicitors Office, The Clerk of Court, and The Department of Probation, Parole, And Pardon Services asking them to please release do to mercy /clemecy. Other members of The community also wrote The Department. No answer or response has been... View More

Stephen Grooms
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Stephen Grooms
answered on Feb 14, 2020

To be blunt, they do not have to answer the letters or open any investigation into a closed case for the reasons given. A judge and jury heard the case in 1995 and a decision was made. Reducing a sentence on the grounds that the interested parties now want mercy is not going to be possible without... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for South Carolina on
Q: Can a South Carolina judge give a suspended sentence to a defendant who Pleads GUILTY to Voluntary Manslaughter?
Ryan D Templeton
Ryan D Templeton
answered on Nov 12, 2019

The penalty for voluntary manslaughter (16-3-50) in South Carolina is 2-30 years. The presumption under SC law is that a sentence may be suspended unless expressly states otherwise(16-1-30(B)). In the case of Voluntary Manslaughter it is within the sentencing judges discretion to suspend even the... View More

Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... View More

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: Can a non testifying witness statement be read to the jury without the defendant getting a chance to cross examine him

My cousin was convicted on a statement that placed him at the crime scene but the witness never testify at court but however his statement was read by the detective which violated his constitution rights 6 & 14,

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

This is far too complicated for a short and sweet answer.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: I was never served a summons in a civil action against me and the case was decided in my absence. What can I do?

The Affidavit of service has the wrong name on it. I filed a motion for relief from the court's order (rule 60 motion) but was turned down. I appealed to the fourth circuit court of appeals which affirmed the district court's decision.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

You needed an attorney on your side from the beginning of the case. Otherwise, things like this happen.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: Can I appeal a US District Court decision denying me disability if I was never notified that a decision was made ?

On Sept 15, 2014 I found out the court made a decision denying me disability. The court, the Soc. Sec. Admin. or my lawyer never notified me about this. Is there anyway I can get an appeal now if the decision was made in April or June 2014. My lawyer's office said it was April on the internet... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

That depends upon the procedural facts here. You had an attorney, and should speak with that person about this.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: do i need a lawyer to appeal the state decision for denying the lottery....where do i start

my application is denied because of my husbands unpaid debt to lottery...which is paid now.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

You need to at least go see an attorney for a full discussion.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: What to do when your alj lies
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

Hire an attorney or at least speak with one about this.

1 Answer | Asked in Appeals / Appellate Law for South Carolina on
Q: how do u fill an appeal

gun rights

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 27, 2015

You go to see an appellate attorney. Usually, you have to have an appealable issue. Do you? Usually, there has to be an adverse ruling against you. Gun rights which have been denied would usually be handled on the administrative side of government. It is quite complicated, and in order to answer... View More

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