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 »
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.
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.
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 »
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 »
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 »
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 »
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,
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.
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 »
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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