Legal Question in Constitutional Law in South Carolina

Re: Appeal Overturned For Violation of Miranda

Appeals do not end the moment the appellate court hands down its decision. I don't know the specific procedures South Carolina follows, but in most states the losing party can seek reconsideration and, if that fails, can take the case to a higher court. The defendant typically must continue serving his sentences until the case formally comes to an end. This may happen soon if the state has decided not to pursue it, or it may take quite some time.

Even if your friend ultimately wins the appeal, there is a good chance he will have to face a second trial. A Miranda error means only that some evidence which should have been kept out was admitted, but it does not mean that the defendant was entitled to an acquittal. He was entitled to a trial without the improper evidence, but if there is enough other evidence against him he can be tried again and may very well be convicted a second time.

He will remain in custody until (a) he finishes serving his sentence, (b) all of these procedings come to a favorable conclusion, or (c) the state decides not to pursue the case any further. Depending upon the circumstances, your friend may be able to get out on bail at some point while all of this is going on.

One more point: defendants are often convicted of multiple crimes. If this was true in your friend's case, the Miranda violation may not have tainted all of his convictions. He will still have to serve the sentences on the unaffected charges.