Injury Attorneys and Traumatic Brain Injuries: What You Need to Know

Traumatic brain injuries are happening, and being reported, more frequently than ever before according to injury attorneys and the Brain Injury Association.  In fact, more than 1.5 million traumatic brain injuries (TBI’s) occur each year as both isolated injuries or in addition to other injuries.  It also seems that reports of chronic brain injuries are on the rise, leading us to believe that TBI has become a serious public health issue.  Even worse than a single TBI, chronic brain injuries are those suffered by, for instance, football players who repeatedly have injuries to their head.  CTE, or chronic traumatic encephalopathy, is another term is used to describe this occurrence in the medical field.  CTE can be caused by multiple TBI’s, and is defined as a degenerative brain disease that is usually found in athletes who have dealt with long-term effects of head injuries and concussions.  In sports, awareness of CTE has increased in recent years due to several athletes who had committed suicide were found to have suffered from the disease.  Unfortunately, the only way to diagnose CTE is to examine the brain after death.  Even so, there are still no established range of identifying features for the disease.

The root of the problem is the TBI.  TBI’s have the ability to inflict serious and sometimes permanent disabilities on people.  This could lead to impairment of things like motor skills, abilities to speak and visual capabilities.  More severe impact is often noted once the victim has had the time to understand their injury and just how serious it is, and they are usually left with feelings of emptiness and depression.

According to the Brain Injury Association, When a head injury occurs and a TBI is suspected, there are three criteria that may be met:  1) documented loss of consciousness; 2) failure to recollect the actual traumatic event that occurred; and/or 3) presence of skull fracture, post-traumatic seizure or receipt of an abnormal brain scan following the traumatic event.  There are many things to be considered when a head injury occurs, which is why it is critical that victims seek medical attention without delay so that a secondary injury does not happen.  In TBI cases, the secondary injury can possibly occur after the initial injury (trauma) due to, for instance, lack of oxygen to the brain.

On December 16, 2013, the National Institutes for Health announced that the NFL has made a large donation to fund eight research projects surrounding the TBI issues at hand.  They hope to find answers to their questions about TBI, including the understanding of long-term effects of repeated injury (CTE) and the improvement of recognizing concussions and their subsequent treatment.

TBI is the leading cause of death in young adults, but there are groups that are at higher risk, including young athletes, men and women in the military, and individuals with other professions that are associated with frequent head injuries.  This research should help lead to better testing, as there is currently no test to reliably identify when someone has a concussion.  Furthermore, additional research and new tests have the potential to allow medical professionals the ability to predict recovery times and symptoms for victims of head injuries.  According to NIH, there is a need “to be able to predict which patterns of injury are rapidly reversible and which are not.  This program will help researchers get closer to answering some of the important questions about concussions.”  In fact, two of the eight projects are focused solely on “defining the scope of long-term changes that occur in the brain years after a head injury or after multiple concussions.”  The remaining six projects will be focused on providing support for “the early stages of sports-related concussions.”  The projects will also help medical professionals in the future to distinguish between CTE and Alzheimer’s, including other neuro-degenerative disorders.  Hopefully this will help identify the disease during someone’s lifetime, rather than after they have passed.  With some of the newest brain-imaging equipment available, researchers will be able to come up with the diagnostic criteria needed to identify chronic features all types of brain trauma, from mild TBI to the most severe cases of CTE.

Head injuries may be hard to avoid due to one’s profession, but other times accidents may happen and lead to a head injury.  Our injury lawyers in Myrtle Beach, South Carolina are aware of these dangers.  The last thing a victim or family member should be concerned with is how to cover the costs of their loved one’s medical expenses or worse, funeral arrangements.  Our traumatic brain injury lawyers can assist you through every step of this process.  We can help you recover for your or your loved one’s medical expenses, lost wages, pain and suffering, rehabilitative costs, and any other expenses associated with the incident.  No amount of money will take away the pain or bring your loved one back, but the process will often bring some type of closure and hold the accountable party responsible for their negligence.  Here at The Mace Firm, we are advocates for victims and seek to provide them the best representation possible.

If you are considering filing a personal injury or wrongful death claim, contact one of our Myrtle Beach personal injury attorneys for a free consultation at 1-800-94-TRIAL.  You may also contact us online.  Visit our website for more information on traumatic brain injuries.

Millions in Legal Fees for Citizens Property Insurance

According to the Miami Herald, Citizens Property Insurance spent over $100 million in the past two years in legal fees.  The opinions as to what caused this recent and dramatic spike differ.  Representatives of Citizens claim that it is because aggressive lawyers have targeted them in the Miami-Dade area for water-damage losses.  However, these attorneys state that Citizens has a reputation for delaying claims, especially water-damage claims, forcing the cases into litigation.  Citizens spent $64 million in defense fees in 2012 and $46 million this year.  Citizens is reportedly trying to alter its litigation strategies.

Insurance companies have the resources available to fight large claims.  While they may be aware of their liability, they usually want to reimburse the insured for the least amount possible.  As a result, they will not always be quick to offer a settlement.  It is in these types of situations where you will need an experienced civil trial attorney.  Our leading civil attorney, Russell W. Mace III, has handled hundreds of trials and was voted as one of the top 100 trial attorneys nationwide.  He has over 15 years of experience in the legal field and his effective representation for his civil clients has enabled him to become a member of the Multi-Million Dollar Advocates Forum.  When dealing with insurance companies like Citizens, it is vital to have an knowledgeable civil trial attorney by your side.  Mr. Mace will provide you with the best representation possible on your case and will fight to win your claim.

To schedule a free consultation with our civil trial attorney, Russell Mace, contact our office at 1-800-94-TRIAL or contact us online.  He is licensed in Florida, Georgia and South Carolina.

Motorcycle Accident on U.S. 17 Bypass

Personal injury lawyers are always on high alert during the summer months in Myrtle Beach due to the increase in motorcycle traffic.  According to the WMBF News, a fatal accident occurred on U.S. 17 Bypass near 21st Avenue North in Myrtle Beach, South Carolina.  The Myrtle Beach Police Department has confirmed that one male who was on a motorcycle has been killed as a result of the accident.  There is no indication as to whether he was wearing a helmet.  A woman, accompanying the man on the motorcycle, was transported to Grand Strand Regional Medical Center and was reported to be in critical condition.  Police state that the motorcycle was heading north and lost control.  It crossed the median and hit an SUV traveling south.  Passengers in the SUV were also taken to Grand Strand Regional Medical Center.  It is unclear as to the state of their conditions.

U.S. 17 Bypass is a dangerous road.  Drivers have to be especially cautious on this highway because accidents occur on a daily basis.  Here are just a few examples of the catastrophes that have occurred on this highway:

October   2, 2013: runner hit by car while running near her home on U.S. 17   Bypass.  Her pelvis, wrist, and several bones in her back were   broken.  She is currently at Grand Strand Regional Hospital in serious   condition.

March   31, 2013: pedestrian killed by hit-and-run vehicle on U.S. 17   Bypass.  He died of internal injuries from the accident.

September   10, 2012: woman died in a two car accident on U.S. 17 Bypass.  She   was attempting to cross the highway in her vehicle and was struck by an   oncoming motorist.  Both drivers were taken to the Grand Strand Regional   Medical Center.

April   2, 2012: two car accident on U.S. 17 Bypass.  Several people injured   and taken to Grand Strand Regional Hospital.

May   24, 2011: man died from head trauma following a motorcycle accident on   U.S. 17 Bypass.  The at-fault driver failed to yield the right of way to   the man.

February   28, 2010: SUV was flipped onto the driver’s side and man in vehicle was   seriously injured on U.S. 17 Bypass.  He was transported by helicopter   to the Medical University of South Carolina in Charleston.

It only takes one negligent driver for horrible consequences to result.  At times, it is not the act of a negligent driver but a defective product that causes an accident.  Our personal injury lawyer in Myrtle Beach, South Carolina are aware of the dangers on these highways.  Unfortunately, these types of accidents occur quite frequently.  The last thing a victim or family member should be concerned with is how to cover the costs of their loved one’s medical expenses or worse, funeral arrangements.  Our personal injury and wrongful death lawyers can assist you through every step of this process.  We can help you recover for your or your loved one’s medical expenses, lost wages, pain and suffering, rehabilitative costs, and any other expenses associated with the incident.  No amount of money will take away the pain or bring your loved one back, but the process will often bring some type of closure and hold the accountable party responsible for their negligence.  Here at The Mace Firm, we are advocates for victims and seek to provide them the best representation possible.

If you are considering filing a personal injury or wrongful death claim, contact one of our Myrtle Beach personal injury lawyers for a free consultation at 1-800-94-TRIAL.  You may also contact us online.  Visit our website for more information on wrongful death claims or car accident claims.

Ross Ulbricht Indicted in Silk Road Conspiracy

According to Wired, Ross Ulbricht has been identified by the FBI as the mastermind behind Silk Road.  Allegedly, Ulbricht was the owner and manager of Silk Road, an anonymous marketplace for narcotics sales and distribution, forged IDs, and murder-for-hire contracts worldwide.  There is no indication that he has hired a criminal defense lawyer at this time.  Reportedly, Silk Road has had over $1.2 billion in sales since its creation 2 1/2 years ago.  Silk Road obtained $80 million in commissions for its service.  Payments were made with a currency known as “Bitcoin,” a cryptocurrency that can be transferred electronically without the use of a financial institution.  Because Bitcoin was difficult to trace and not subject to any government regulation, Silk Road was able to thrive for 2 1/2 years.

The criminal complaint stated as follows:

Silk Road has emerged as the most sophisticated and extensive criminal marketplace on the Internet today.  The site has sought to make conducting illegal transactions on the Internet as easy and frictionless as shopping online at mainstream e-commerce websites.

There are also allegations that Ulbricht solicited the murder of a Silk Road vendor who threatened to reveal site users if Ulbricht did not pay him $500,000.  The FBI claims that Ulbricht went by the name of Dread Pirate Roberts after a character from the film The Princess Bride.  Ulbricht’s family and friends were interviewed and there is no indication that any of them knew that Ulbricht could potentially be involved in the Silk Road market.

His defense attorney will need to be knowledgeable about several aspects of criminal defense, including computer networking and how that comes into play in the narcotics conspiracy.  The discovery in this case will have to be closely evaluated to determine how exactly Ulbricht is linked to the Silk Road narcotics market and the overall conspiracy.

Our federal criminal defense attorney is experienced and licensed in several states, including South Carolina, Florida, and Georgia.  If you are been investigated or have been charged with a federal crime in any of these jurisdictions, contact our office toll free at 1-800-94-TRIAL.

South Carolina Automobile Insurance Law

South Carolina automobile insurance law can often be confusing.  It is best to hire a knowledgeable and experienced personal injury and accident attorney to determine if you have a potential claim.  However, in this post, we will attempt to explain the basics of South Carolina insurance law as to liability insurance, underinsured motorist coverage, and uninsured motorist coverage.  Please note that such an analysis may not apply in your particular case.

When you are involved in an accident, there are three possible routes to insurance coverage depending on the extent of your injuries: (1) liability insurance; (2) first-party insurance; and (3) un-involved vehicle underinsured motorist and uninsured motorist coverage.


South Carolina requires that insurance policies governed by its laws have a minimum amount of liability coverage.  The minimum amount is $25,000 per person and $50,000 per occurrence (“$25,000/$50,000”).  See S.C. Code Ann. § 38-77-140.  This means that the insurer will pay each victim up to $25,000, but no more than $50,000 for that accident.  Of course, individuals seeking an insurance policy may opt for more than the minimum amount.

The liability insurance would be the first place an injured party would seek reimbursement for his or her injuries.  Liability insurance is insurance that provides payment to an injured party when an insured under the policy is legally liable.  The at-fault driver cannot collect liability insurance because this policy only pays for liability and you cannot be liable to yourself for “self-inflicted” injuries.  In order for an injured party to collect from the policy, it must be determined whether the at-fault driver is an insured on that specific vehicle’s policy.  This does not necessarily mean that the at-fault driver must be the named-insured on the policy.  They could be a resident relative or spouse and be covered under the policy.  They could also have permission to drive the vehicle which would also invoke coverage if the at-fault driver acted within the scope of that permission.  See S.C. Code Ann. § 38-77-140(7) (“‘Insured’ means the named insured and, while resident of the same household, the spouse of any named insured and relative of either, while in a motor vehicle or others, and any person who uses with the consent, express of implied, of the named insured the motor vehicle to which the policy applies . . . .”)


An injured party would next look to first-party insurance on the vehicle that was involved in the accident if the liability coverage was not enough to cover your injuries or if the at-fault party was uninsured.  In this case, you would be seeking underinsured motorist coverage (“UIM”) or uninsured motorist coverage (“UM”).  UIM applies when your injuries exceed the amount of the at-fault driver’s policy limits.  See S.C. Code Ann. § 38-77-140(15).  UM applies either when the at-fault driver is uninsured and has no insurance policy, when the at-fault driver is unknown, or when the at-fault driver’s coverage is less than the minimum requirement for liability insurance (i.e., $25,000 per person/$50,000 per occurrence).  See S.C. Code Ann. § 38-77-140(14).  A person may have less than the minimum requirement if they are from another state that requires less coverage than South Carolina law.  UM coverage is mandatory in South Carolina and an insured is entitled to at least the $25,000/$50,000 in coverage.  See Burgess v. Nationwide Mut. Ins. Co., 373 S.C. 37, 40-41, 644 S.E.2d 40, 42 (2007).  UIM; however, is not mandatory in South Carolina.  Id.  Your insurer must offer you the coverage, but you have no obligation to accept it.  Id.

First-party insurance is different from liability insurance.  It is an auto policy in which the injured claimant is an insured.  There are two categories of insureds: Class I insureds and Class II insureds.  See Concrete Services, Inc. v. U.S. Fidelity & Guar. Co., 331 S.C. 506, 509, 498 S.E.2d 865, 866 (1998).  Class I insureds include the named-insured, the named-insured’s spouse, and any resident relatives of the named-insured.  Class II insureds are permissive users and guests.  Id.  Class I and II insureds are entitled to collect UM or UIM (if available) on the insurance policy.  Id.  In other words, you do not necessarily have to be paying directly on the policy to receive coverage.  In fact, you may not even know the insurance policy exists and may still be considered an insured if you fall within the two categories.


Next, you would seek coverage on any un-involved vehicles that you are a Class I insured on if the previous two options were not enough to cover your injuries.  UIM and UM are personal and portable.  Nationwide Mut. Ins. Co. v. Rhoden, 398 S.C. 393, 399, 728 S.E.2d 477, 480 (2012)In other words, UM and UIM is for the benefit of the insured and follows the insured, not the vehicle.  It makes no difference whether you were injured in the vehicle that has the UIM or UM coverage.  Depending on your status as an insured in the involved vehicle, you may be able to stack or reach back to your UM or UIM policy on an un-involved vehicle or vehicles.

An insured may stack multiple policies when they are considered a Class I on the vehicle involved in the accident (i.e., the vehicle you were driving or riding in at the time).  However, you can only get as much from each policy as you collected from the involved-vehicle.  For example, if the involved-vehicle policy provided $25,000 in UIM, then any stacked policies cannot provide more than $25,000.

If you are not a Class I insured on the vehicle involved in the accident, then you have the option to reach back to one other policy to which you are a Class I insured.  You may only reach back to one policy, unlike stacking.  However, you are not limited by the involved vehicle’s policy coverage.  For example, if the involved-vehicle policy provided $25,000 in UIM and you have a vehicle with $100,000 in UIM in which you are a Class I insured, you may be able to collect the full limits depending on the extent of your injuries.  This means that the best alternative is obviously to go after the policy that has the most coverage.  It is not clear whether UM has the same limitations in South Carolina law.  Therefore, it is arguable that you could potentially reach back to as many UM policies as you have available.


These are the most common ways in seeking automobile insurance coverage after an automobile accident.  Of course, most insurance policies include an exhaustion policy in which you are not entitled to UIM coverage until you have exhausted the liability coverage.  Because this process can be very complicated, it is best to speak to a knowledgeable car accident attorney to determine your options and potential for coverage.  Our injury attorneys at The Mace Firm will ensure that we do everything possible to get reimbursement for your injuries.  Our personal injury lawyer, Russell W. Mace III, has over 15 years of experience in personal injury litigation and is a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum.  Mr. Mace aggressively represents his clients and is always concerned for their best interests.

If you would like to speak with a personal injury attorney, please contact our office at (843) 829-2900 or toll free at 1-800-94-TRIAL for a free consultation.  You may also contact us online.

Former House Majority Leader’s Conviction Overturned

In 2010, former U.S. House Majority Leader Tom Delay was found guilty of illegally funneling money to Republican candidates.  The trial lasted three weeks.  He was sentenced to three years in prison.  However, his sentence was postponed pending his appeal.  According to WMBF News, Delay’s conviction has been reversed.  Agreeing with the argument that Delay’s appellate lawyer made, the Third Court of Appeals of Texas held that there was insufficient evidence at the trial.  Specifically, the appellate court stated that the State failed to prove that the laundered money was illegally obtained.  The State claimed that DeLay used $190,000 in corporate donations and supplied them to Texas House candidates.  Texas law prohibits corporate money to be given directly to political campaigns.  Prosecutors plan to pursue an appeal to the highest appellate court in Texas.

What this case illustrates is that the prosecution has the burden of proof in a criminal case.  It is their burden to prove the defendant guilty beyond a reasonable doubt.  If they fail to establish any element of the charge, then the defendant cannot be found guilty.  The appellate court found that the prosecution had failed to establish an element of the charge of money laundering.  What is important to remember is that the trial counsel for Delay had to preserve this argument for appeal.  If the argument is not set forth at trial and on the record, then the appellate court cannot consider it.  A good criminal defense attorney will be able to make sure that arguments are preserved in the event an appeal must be filed.

During the appeals process, appellate counsel has to identify the issues in the case that have merit.  This involves reviewing pretrial motions, transcripts, and orders from the lower court.  Appellate counsel is only able to address matters that are preserved on the record.  If key issues are not preserved, a 2255 motion could potentially be filed at a later time by the defendant which usually alleges that the defendant received ineffective assistance of counsel.  After this stage, appellate counsel performs an extensive amount of legal research and begins to write the appellate brief.  The brief is presented to the appellate court and identifies the alleged errors made at the lower court level.  Opposing counsel has the opportunity to file an answer brief.  Once all the briefs have been filed, the appellate court may set the case for oral arguments or file an order with its decision.

The appellate process can be confusing because of the legal research involved.  To write an effective brief that addresses all issues, you must be experienced in this area of the law.  Specifically, you must know how to identify potential issues, research those issues to determine if they have merit, and draft the brief in a manner that clearly and concisely addresses each of those issues while following the appellate rules of procedure.  This can be difficult for a person that is not experienced in arguing before state and federal appellate courts because you are only given a short amount of time to prepare the brief (normally 30 days).  This is why it is in your best interests to contact an appellate lawyer if your are seeking to file an appeal.

Russell Mace & Associates, P.A. has appellate lawyers that have argued before the Fourth Circuit Court of Appeals, Eleventh Circuit Court of Appeals, South Carolina Court of Appeals, Supreme Court of South Carolina, and United States Supreme Court.  We know the time and effort that goes into the appellate process and we seek to provide the best representation possible for our clients.  In doing so, we ensure that every meritorious issue is addressed.  If you are seeking an appellate lawyer, contact our office for a free consultation at 1-800-94-TRIAL or contact us online.  We have appellate attorneys licensed in South Carolina, Florida and Georgia.

Comments on Pro Se Motions

Our leading South Carolina criminal defense attorney, Russell W. Mace III, was cited in the Sun News for his insight on pro se motions.  Kachef Spain pled guilty to being a felon in possession of a handgun.  Because of his prior record, Spain received five additional years under the Armed Career Criminal Act.  Under the Act, if a defendant has three violent felonies or serious drug offenses, he or she could potentially receive an enhanced sentence.

In a pro se motion to the district court, Spain argued that two of his previous felonies should only have counted as one given that they were part of the same crime.  Judge Bryan Harwell ordered Spain to resubmit his pro se motion as it was improperly filed.  Mr. Mace stated that Spain’s argument could potentially have merit if the two felonies were, in fact, part of the same criminal act.  On the other hand, Mr. Mace said that Spain could still be given an enhanced sentence if he has other felonies that qualify under the Act.

This situation shows the importance of hiring a good criminal defense lawyer.  The procedures involved with the judicial process can be difficult to understand.  There are a lot of rules and technicalities that must be followed before a court will even accept a motion.  Spain’s motion was dismissed because he did not follow proper procedure.  It would be best for him to consult with a South Carolina criminal defense attorney to determine whether his motion has merit and whether he has any other potential arguments to be made before the court.  It is unclear whether Spain has already exhausted his right to appeal or whether he waived it during his guilty plea.  In any event, it would be best for any defendant, whether charged or convicted of a crime, to consult with a criminal defense attorney to ensure all of their arguments are made before the court and preserved.

If you or loved one has been charged with a crime, contact our office for a free consultation at 1-800-94-TRIAL or contact us online.  We have criminal defense attorneys licensed in South Carolina, Florida and Georgia.

Appeals From Family Court Orders in South Carolina

In Family Court in Horry County, Charleston County and Florence County, final orders from divorce and custody actions are frequently appealed to the SC Court of Appeals as well as the Supreme Court of South Carolina.  However, it is well-settled that temporary orders generally can not be appealed to the South Carolina Court of Appeals.  Only orders that address matters on a final basis may be appealed. Once a party receives a final order that has been executed by a family court judge, a party has thirty (30) days to file a notice of appeal.

A party may appeal a family court judge’s ruling on child custody, visitation, child support, alimony, equitable distribution, restraining orders and most frequently, the award of attorney fees.  It is important to note that a litigant who appeals a decree ordering child support or alimony will have to continue making the payments while the appeal is pending in the South Carolina Appellate Court.  However, most family court appellate attorneys agree that attorney fee awards and equitable distribution are generally stayed during an appeal.

When reviewing appeals from the family court in South Carolina, the court historically used the abuse of discretion standard.  However, in recent cases, the South Carolina Court of Appeals has held that the standard of review for family court rulings is de novo for factual and legal issues.  This means that the appellate court can find facts in accordance with its own view of the preponderance of the evidence.

It is important to remember that the family court does not have jurors in South Carolina.  Only one family court judge makes a ruling at trial.  On appeal, the court reviews the record to see if the family court judge correctly followed the divorce and custody laws of South Carolina and how the law was applied to the facts of the case.  In some appeals, the South Carolina Court of Appeals may hold oral arguments.  Oral arguments are nothing like a trial.  During oral arguments, a family law appellate lawyer in South Carolina appears before a panel of three judges and argues the issues contained in the initial brief.  The respondent’s attorney must also appear before the panel and argue the contested issues.  During oral arguments, the appellate court judges engage in a question and answer setting, during which the family court appellate attorney must answer questions about the briefs.  There is no live testimony during these arguments.  The appellant and the respondent may be present, but do not address the appellate court judges.  An opinion is issues generally two to three months later.

Once an opinion is issued, the loosing party may petition the Supreme Court of South Carolina to hear the case.  However, the Supreme Court does not automatically accept the case.  The court must decide whether or not to allow the case to proceed in the Supreme Court.  If you have questions about appellate practice in South Carolina or would like to appeal a decision from the Family Court in South Carolina, contact the Mace Firm.


The Appellate Process and South Carolina Appellate Attorneys: Facts

In South Carolina, in order to appeal a conviction and sentence in the Circuit Court, your criminal appellate attorney must first file a notice of appeal within ten days of the judgement.  Once the notice has been filed, the transcripts from the trial and any important pretrial hearing should be ordered from the court reporter.  Your South Carolina appellate attorney then informs the South Carolina Court of Appeals that the transcripts have been received and a briefing order is issued by the court.

When reviewing the issues to be raised on appeal, it is important to determine if the issue was preserved in the trial court.  In order for an issue to be preserved, counsel must have made an objection when the issue is raised at trial.  In other words, the issue must have been brought to the trial judge’s attention.  If the issue is not preserved, the appellate court reviews the matter using the standard of review of plain error.  The court must decide to recognize the error under these circumstances and only does so when the error is evident and clearly prejudicial and effected the outcome of the case.

It is best to raise issues that have been preserved in the trial court when preparing an appeal.  Once the initial brief is filed, the State has the opportunity to file an answer brief.  When the answer brief is filed, the appellant may decide to file a reply brief to address the arguments made in the state’s answer brief.  The final briefs are then filed and the appellant must wait for the court to render a decision.

The court may decide to hear oral arguments if they have questions about the briefs that were filed or want to hear more arguments on a particular issue.  If oral arguments are granted, your South Carolina appellate lawyer then appears before a panel of three judges and engages in a question and answer session with the appellate judges.  The court usually issues an opinion thirty to sixty days after oral arguments are heard.

Once the decision is rendered, either side may petition the South Carolina Supreme Court.  This document is called a Writ of Certiorari, in which an appellate attorney in South Carolina requests the South Carolina Supreme Court to hear the case.  It is important to note that if an individual wins an appeal in the Court of Appeals and the State decides to petition the South Carolina Supreme Court by filing a Writ of Certiorari, the appellant will not be transferred back to the circuit court until the court makes a ruling on that petition.  However, an appellate attorney can file a motion for bond pending an appeal.

If the court reverses an appellant’s conviction, the case is generally remanded back to the Circuit Court for a new trial.  In some cases, the appellant’s conviction is unchanged, but the sentence is over turned.  In those instances, the appellant goes back to the Circuit Court in order to be re-sentenced by the trial court with instructions by the Court of Appeals.  If you have questions about the appellate process in South Carolina, please contact The Mace Firm.