When a person is convicted and in limited other circumstances, an appeal may be taken to the appellate courts. In the South Carolina state courts, appeals are directly taken to the South Carolina Court of Appeals. A limited number of cases may be directly appealed to the South Carolina Supreme Court. If a party receives an unfavorable decision in the Court of Appeals, including the prosecuting agency, the party may petition for review or certiorari to the South Carolina Supreme Court. The Supreme Court may affirm, reverse, or modify a decision of the Court of Appeals. An appeal is often the last hope from an unfavorable result and the lawyer you select to handle the appeal should have a wealth of experience in the appellate courts. Appeals from the United States District Court are taken to the United States Court of Appeals for the Forth Circuit which sits in Richmond, Virginia and, as in the state court, a party may petition for review or certiorari to the United States Supreme Court.
Jack Swerling has an extensive appellate practice and provides advice and advocacy on appeals to the South Carolina state and federal appellate courts for his own clients and for many people referred by other attorneys. In his 40 years of practice, he has handled scores of appeals. In recognition of his ability and character, he was selected to be a Fellow in the American Academy of Appellate Lawyers, only one of five lawyers in the state of South Carolina to be so honored.
Whether a client’s goal is to reverse an adverse verdict, or protect a favorable one, Mr. Swerling gives each appeal a fresh perspective, carefully analyzing the record on appeal, identifying any trial or sentencing errors, advising clients on the advisability of an appeal and creating a successful strategy if the decision is made to proceed. He often works together with top researchers in an effort to submit excellent appellate briefs, which are the documents that contain a party’s factual and legal arguments to the appellate court.
Mr. Swerling’s depth of knowledge and breadth of experience in criminal law makes him an effective advocate for clients before the appellate courts. He has represented clients in cases before the U.S. Court of Appeals for the Fourth Circuit, the South Carolina Court of Appeals and the South Carolina Supreme Court. (For additional details see: In the News and representative-cases.)
If you have been convicted of a crime in South Carolina, call our office at 800-701-0599 to discuss your options for an appeal with Jack Swerling. You may also e-mail Jack Swerling at [email protected]. E-mails are checked regularly.