Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
I had a TPR hearing and my lawyer didn't do her job at all as she was on a high profile murder case as well. There was also what I considered a conflict of interest as part of the people involved in my case (those who called DSS) where also involved in the murder trial. And my lawyer... View More 
Do I need to hire the genealogists to prove that it is indeed my heritance? If it was already done in 1983 lawyer xx should have it in his files he was writing everything down do I have to prove it again I had three people do it in triplicate.
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answered on Jul 21, 2024
You should consider starting an appeal if you believe a trustee made unauthorized changes to your name in 1983. Consulting with a lawyer is essential to understand the legal steps involved and to ensure that your case is properly documented and presented.
If a lawyer from that time, like... View More
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
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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
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?
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.
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.
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.
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
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.
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.
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
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.
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.
His projected release date is still 13 years away on the scdc website.
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.
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
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
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
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
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
gun rights
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
answered on Oct 18, 2015
Hire an attorney or at least speak with one about this.
my application is denied because of my husbands unpaid debt to lottery...which is paid now.
answered on Oct 18, 2015
You need to at least go see an attorney for a full discussion.
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
answered on Oct 18, 2015
That depends upon the procedural facts here. You had an attorney, and should speak with that person about this.
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.
answered on Oct 22, 2015
You needed an attorney on your side from the beginning of the case. Otherwise, things like this happen.
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