If you get a court appointment lawyer for your appeal but never speak to your lawyer about why you feel an appeal should be granted or at least have your case reheard then isn't their something else the defendant can do to refile the appeal or something? Speaking in reference to a family court... Read more »
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »
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... Read 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... Read 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.
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,
answered on Nov 11, 2015
This is far too complicated for a short and sweet answer.
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