South Carolina Court of Appeals
Encyclopedia
The South Carolina Court of Appeals is the intermediate-level appellate court
for the state
of South Carolina
.
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
. Those seven classes are cases involving
. In 1721, the General Court of the colonial government was given appellate jurisdiction
over civil case decisions from the lower courts of the colony, but there were no separate appellate courts. The original South Carolina Constitution
of 1790 made provisions for trial court judges to meet at the end of a term to decide on such matters as motions for new trials
and other related matters. This practice was formalized by statute
in 1799, when the South Carolina General Assembly
created an appellate body of state circuit judges known as the "Constitutional Court", and provided for the writ of error to be used.
The General Assembly created a Court of Equity in 1808, but this also proved to be unsatisfactory to the administration of justice, primarily because in many cases, the trial judge also sat on the appellate body. The General Assembly responded by creating the first Court of Appeals in 1824, which consisted of three judges and had appellate jurisdiction in cases of law and equity. The Court was not an intermediate appellate body as the modern Court is, but a court of last resort that functioned similarly to the Constitutional Court.
Unfortunately, this Court of Appeals would become a casualty of the Nullification Crisis
. The pro-nullification General Assembly, in its zeal to nullify the Tariff of 1828
and support of state supremacy, passed legislation mandating that officers in the State Militia recite a "test oath" swearing allegiance to South Carolina rather than the federal government. One state militia officer, M'Cready, refused to recite the oath, and was thus denied his commission. M'Cready petitioned the state trial court for a writ of mandamus compelling the commander to grant him his commission. After the trial court denied his petition, M'Cready sought appellate review before the Court of Appeals. The case of M'Cready v. Hunt came before the Court of Appeals in 1834, and the Court reversed the lower court's opinion by a vote of 2 to 1, declaring the oath unconstitutional.
The General Assembly was outraged by the Court of Appeals' decision in M'Cready v. Hunt, and responded by abolishing the Court in the 1835 Legislative session. The Court was replaced the following year, when the General Assembly passed an act providing for separate Courts of Appeals for cases in law and equity. The Act also provided that all the law judges and equity judges would sit en banc as a Court of Errors to hear appeals of constitutional questions, when the court was divided, or when any two judges certified the case. These new Courts of Appeals suffered the same defects that the previous appellate bodies did: in both law and equity cases, the appellant was disadvantaged by the fact that the trial judge also sat on the appellate body.
The Court of Appeals was reestablished in 1859, again with three judges (this time, one chief judge and two associate judges). The procedure was a bit more complex this time around: the Court of Appeals could issue final judgments in both law and equity, but in cases where a constitutional question or conflict of laws issue was presented, the judges of the courts of law and equity would convene along with the Court of Appeals in a Court of Errors. The Court of Errors' decisions were final and unappealable.
After the defeat of the Confederacy
in the American Civil War
, South Carolina called a new Constitutional Convention. The South Carolina Constitution of 1868 provided for Supreme Court, circuit courts, "and such inferior courts as the Legislature should provide", but did not create any intermediate appellate courts.
was ratified by the General Assembly on January 17, 1985.
At first, the new court functioned only to divert certain cases from the Supreme Court, but in 1992, procedures were changed so that the Court of Appeals became an intermediate court of review, and appeals to the Supreme Court were mostly discretionary.
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
for the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
.
Jurisdiction
The Court of Appeals hears most appeals from the Circuit CourtsSouth Carolina Circuit Court
The South Carolina Circuit Court is the state court of general jurisdiction of the U.S. state of South Carolina. It consists of a civil division and a criminal division ....
and Family Courts of South Carolina that do not fall within the seven classes of cases over which the South Carolina Supreme Court
South Carolina Supreme Court
The South Carolina Supreme Court is the highest court in the U.S. state of South Carolina. The court is composed of a Chief Justice and four Associate Justices.-Selection of Justices:...
exercises exclusive jurisdiction
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
. Those seven classes are cases involving
- the death penalty,
- public utilityPublic utilityA public utility is an organization that maintains the infrastructure for a public service . Public utilities are subject to forms of public control and regulation ranging from local community-based groups to state-wide government monopolies...
rates, - significant constitutionalSouth Carolina ConstitutionThe Constitution of the State of South Carolina is the governing document of the U.S. state of South Carolina. It describes the structure and function of the state's government. The current constitution took effect on December 4, 1895...
issues, - public bond issuesBond (finance)In finance, a bond is a debt security, in which the authorized issuer owes the holders a debt and, depending on the terms of the bond, is obliged to pay interest to use and/or to repay the principal at a later date, termed maturity...
, - election lawElection lawElection law is a discipline falling at the juncture of constitutional law and political science. It researches "the politics of law and the law of politics"...
s, - an order limiting the investigation by a state grand juryGrand juryA grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
, and - an order of a family court relating to an abortionAbortionAbortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
of a minor.
Pre-Civil War
The modern incarnation of the court began operations in 1983, but had historical antecedents dating back to colonial timesColonial period of South Carolina
The history of the colonial period of South Carolina focuses on the English colonization that created one of the original Thirteen Colonies. Major settlement began after 1712 as the northern half of the British colony of Carolina attracted frontiersmen from Pennsylvania and Virginia, while the...
. In 1721, the General Court of the colonial government was given appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
over civil case decisions from the lower courts of the colony, but there were no separate appellate courts. The original South Carolina Constitution
South Carolina Constitution
The Constitution of the State of South Carolina is the governing document of the U.S. state of South Carolina. It describes the structure and function of the state's government. The current constitution took effect on December 4, 1895...
of 1790 made provisions for trial court judges to meet at the end of a term to decide on such matters as motions for new trials
Trial de novo
In law, the expression trial de novo means a "new trial" by a different tribunal...
and other related matters. This practice was formalized by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
in 1799, when the South Carolina General Assembly
South Carolina General Assembly
The South Carolina General Assembly, also called the South Carolina Legislature, is the state legislature of the U.S. state of South Carolina. The legislature is bicameral and consists of the lower South Carolina House of Representatives and the upper South Carolina Senate. Altogether, the General...
created an appellate body of state circuit judges known as the "Constitutional Court", and provided for the writ of error to be used.
The General Assembly created a Court of Equity in 1808, but this also proved to be unsatisfactory to the administration of justice, primarily because in many cases, the trial judge also sat on the appellate body. The General Assembly responded by creating the first Court of Appeals in 1824, which consisted of three judges and had appellate jurisdiction in cases of law and equity. The Court was not an intermediate appellate body as the modern Court is, but a court of last resort that functioned similarly to the Constitutional Court.
Unfortunately, this Court of Appeals would become a casualty of the Nullification Crisis
Nullification Crisis
The Nullification Crisis was a sectional crisis during the presidency of Andrew Jackson created by South Carolina's 1832 Ordinance of Nullification. This ordinance declared by the power of the State that the federal Tariff of 1828 and 1832 were unconstitutional and therefore null and void within...
. The pro-nullification General Assembly, in its zeal to nullify the Tariff of 1828
Tariff of 1828
The Tariff of 1828 was a protective tariff passed by the Congress of the United States on May 19, 1828, designed to protect industry in the northern United States...
and support of state supremacy, passed legislation mandating that officers in the State Militia recite a "test oath" swearing allegiance to South Carolina rather than the federal government. One state militia officer, M'Cready, refused to recite the oath, and was thus denied his commission. M'Cready petitioned the state trial court for a writ of mandamus compelling the commander to grant him his commission. After the trial court denied his petition, M'Cready sought appellate review before the Court of Appeals. The case of M'Cready v. Hunt came before the Court of Appeals in 1834, and the Court reversed the lower court's opinion by a vote of 2 to 1, declaring the oath unconstitutional.
The General Assembly was outraged by the Court of Appeals' decision in M'Cready v. Hunt, and responded by abolishing the Court in the 1835 Legislative session. The Court was replaced the following year, when the General Assembly passed an act providing for separate Courts of Appeals for cases in law and equity. The Act also provided that all the law judges and equity judges would sit en banc as a Court of Errors to hear appeals of constitutional questions, when the court was divided, or when any two judges certified the case. These new Courts of Appeals suffered the same defects that the previous appellate bodies did: in both law and equity cases, the appellant was disadvantaged by the fact that the trial judge also sat on the appellate body.
The Court of Appeals was reestablished in 1859, again with three judges (this time, one chief judge and two associate judges). The procedure was a bit more complex this time around: the Court of Appeals could issue final judgments in both law and equity, but in cases where a constitutional question or conflict of laws issue was presented, the judges of the courts of law and equity would convene along with the Court of Appeals in a Court of Errors. The Court of Errors' decisions were final and unappealable.
After the defeat of the Confederacy
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
in the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, South Carolina called a new Constitutional Convention. The South Carolina Constitution of 1868 provided for Supreme Court, circuit courts, "and such inferior courts as the Legislature should provide", but did not create any intermediate appellate courts.
Modern times
The Court of Appeals was revived by the General Assembly in 1979, to relieve the growing backlog of appellate cases in the state's judicial system. The Court was to consist of a Chief Judge and four associate judges, and have appellate jurisdiction over only criminal and family court cases. This new Court was intended to begin operations in 1980, but this was delayed by a number of constitutional disputes which forced the General Assembly to rewrite the act authorizing the Court, and delaying its opening until 1983. Finally, in the November of 1984, voters approved a constitutional amendment making the South Carolina Court of Appeals a constitutional court. This voter referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
was ratified by the General Assembly on January 17, 1985.
At first, the new court functioned only to divert certain cases from the Supreme Court, but in 1992, procedures were changed so that the Court of Appeals became an intermediate court of review, and appeals to the Supreme Court were mostly discretionary.
Judges
- Chief Judge John Cannon Few
- Judge Thomas E. Huff
- Judge Paul E. Short, Jr.
- Judge H. Bruce Williams
- Judge Paula H. Thomas
- Judge Daniel F. Pieper
- Judge Aphrodite K. Konduros
- Judge John D. Geathers
- Judge James E. Lockemy