Columbia South Carolina Appellate Practice Attorneys
Richland County lawyers handles appeals in civil and criminal matters
Even if you lose a case at trial or on summary judgment, it doesn’t mean your case is over. Depending on the circumstances, you may be able to appeal the decision based on errors made by the trial judge. At Montgomery Willard, LLC in Columbia, our appellate practice attorneys help clients have their cases reviewed by the higher court, seeking a reversal and/or a new trial. Our Richland County law firm assists individuals throughout South Carolina.
Understanding appellate practice in South Carolina
Appeals from circuit court decisions generally go to the South Carolina Court of Appeals. Certain categories of cases — such as constitutional questions, public utility matters and death-penalty cases — go directly to the South Carolina Supreme Court The appeals courts do not retry cases; rather they review lower court cases for legal or procedural errors. If the appeals court determines after reviewing legal arguments and briefs that there were problems with the case they may reverse, modify or uphold it, or remand it back to the trial court. The appellate practice lawyers at our firm are highly experienced at successfully arguing civil and criminal law cases to the higher court.
Common causes of civil appeals in South Carolina
When a party appeals a civil case, they’re asking a higher court to review whether the lower court made legal or procedural mistakes that affected the outcome. Below are the most common grounds that lead litigants to pursue an appeal in a civil matter:
- Errors of law
- Improper admission or exclusion of evidence
- Insufficient evidence to support the judgment
- Procedural errors
- Abuse of discretion
- Misinterpretation of statutes or contracts
An appeal requires showing the alleged errors are significant enough to have influenced the outcome of the case. Minor mistakes or disagreements with the judge’s factual findings won’t meet that threshold.
Common causes of criminal appeals in South Carolina
Some of the most common reasons for criminal appeals include the following:
- The judge gave flawed or misleading instructions to the jury or made other judicial errors
- Prosecutorial misconduct
- Juror misconduct
- Ineffective representation by defense counsel
- Insufficient evidence or improper admission of evidence
- Trial court lacked jurisdiction in the case
- Defendants’ rights were violated
Our appellate practice lawyers will carefully examine the conviction and sentence to determine whether errors were made, and if so, stand up vigorously for your rights in an appeal.
Potential consequences of ignoring appellate representation in South Carolina
Since your financial interests or freedom are at stake, you should retain an attorney with extensive background in appealing cases in South Carolina. Lawyers with strong experience in appellate practice know how to focus on proving that legal and procedural errors occurred leading up to trial or at trial. Through legal writings and oral arguments, they will seek to show appeals panel judges that the law was not properly followed, resulting in harm to their client.
Key legal considerations for appellate practice in Columbia, SC
There are several considerations related to appealing a criminal case in South Carolina. Appeals must be timely and compliant with court procedures. Our lawyers have in-depth understanding of appellate procedural rules and how to address the standard of review in the case at hand. We will build the most strategic appeal possible based on the facts and circumstances.
Contact our Richland County appellate lawyers for help with your case
If you were on the losing side of a civil or criminal case in South Carolina, Montgomery Willard, LLC in Columbia, can help you determine whether your case is eligible to be appealed to a higher court. Call 803-470-0722 or contact us online to arrange a time to speak with an experienced appellate lawyer.
