South Carolina Attorney General Henry McMaster
 
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Victim Assistance

Post-Conviction Relief

In South Carolina, the second stage of the appeals process is called a post-conviction relief proceeding. At this stage, the convicted person seeks to prove that his trial lawyer was incompetent in handling his case or that there were other errors that prove his trial was unfair. New counsel may be appointed by the court and an attorney from the Attorney General's Office will represent the State. A mini-trial may be held before a judge without a jury in the county or circuit where the original trial occurred. The judge decides the case either at the mini-trial or later by written order.

 

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