A South Carolina Notice of Appeal From Sentence Imposed By Court of General Sessions is a legal document used in the state of South Carolina to file an appeal from a sentence imposed by a court of general sessions. This document is used to challenge a conviction or sentence imposed in a criminal case. It must be filed within 30 days of the date of sentencing in the county of conviction. There are two types of South Carolina Notice of Appeal From Sentence Imposed By Court of General Sessions — direct appeal and discretionary appeal. A direct appeal is an appeal that is filed by the defendant in a criminal case to challenge the conviction or the sentence imposed by the court. A discretionary appeal is an appeal that is filed by the defendant to seek review of a court's decision on a matter that is discretionary in nature.
South Carolina Notice of Appeal From Sentence Imposed By Court of General Sessions
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FAQ
You may file an appeal one of two ways: By completing and mailing a Notice of Appeal to the Appellate Panel Form CM1 (APP-111) or writing an appeal letter detailing your disagreement with the determination.
The Court of General Sessions handles felony and misdemeanor criminal cases ranging from those with a penalty of more than 30 days and/or a $1,000 fine to those carrying the death penalty. After a person is arrested, a bond hearing is held in Magistrate Court.
If a respondent does include his own statement of the case, he shall be bound by the matters stated or alleged in his statement of the case. Respondent's brief may also contain argument asking the court to affirm for any ground appearing on the record as provided by Rule 220(c).
The appeal is instituted with the filing of a notice of appeal. This filing marks the beginning of the time period within which the appellant must file a brief, a written argument containing that side's view of the facts and the legal arguments upon which they rely in seeking a reversal of the trial court.
If an appeal is to be taken, then the party must be sure to serve and file its ?Notice of Appeal? within the allotted time. An appeal of a civil matter must be made within 30 days of the receipt of an order. The time to make an appeal from a criminal conviction is 10 days.
Who may appeal. ? Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy.
SECTION 14-3-330. Appellate jurisdiction in law cases. (4) An interlocutory order or decree in a court of common pleas granting, continuing, modifying, or refusing an injunction or granting, continuing, modifying, or refusing the appointment of a receiver.
Every Record on Appeal shall contain an index to the principal matters therein to include orders, judgments, decisions, pleadings, pretrial matters, opening statements, testimony, motions, closing arguments, jury charges, post-trial motions and exhibits.