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South Carolina Appeals / Appellate Law Questions & Answers
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... Read 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... Read 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... Read 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 it... Read 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... Read more »

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