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The Court of Appeals hears most appeals from the Circuit Courts and Family Courts of South Carolina that do not fall within the seven classes of cases over which the South Carolina Supreme Court exercises exclusive jurisdiction. [1] Those seven classes are cases involving the death penalty, public utility rates, significant constitutional issues,
The Circuit Court is the state trial court of general jurisdiction in South Carolina. It is also a superior court, having limited appellate jurisdiction over appeals from the lower Probate Court, Magistrate's Court, and Municipal Court; and appeals from the Administrative Law Judge Division, which hears matters relating to state administrative ...
Simmons v. South Carolina, 512 U.S. 154 (1994), is a United States Supreme Court case holding that, where a capital defendant's future dangerousness is at issue, and the only alternative sentence available is life imprisonment without the possibility of parole, the sentencing jury must be informed that the defendant is ineligible for parole.
The trial court excluded Holmes' third-party guilt evidence based on State v. Gregory, 16 S.E.2d 532 (S.C. 1941), in which the South Carolina Supreme Court had held that such evidence is only admissible if it "raises a reasonable inference or presumption as to [the defendant's] own innocence." Holmes was subsequently convicted again.
The South Carolina Supreme Court ruled Wednesday that the state’s death penalty, which now includes a firing squad as well as lethal injection and the electric chair, is legal.. All five ...
On January 10, 2018, the South Carolina Supreme Court dismissed another appeal from Bowman. [10] On March 26, 2020, U.S. District Judge Terry L. Wooten of the U.S. District Court for the District of South Carolina turned down Bowman's appeal and upheld both his conviction and sentence. In the appeal, Bowman earlier argued that he was innocent ...
An uneven playing field allows the aggressive tactics and legal loopholes that turn traffic stops into cash grabs.
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