State v. Brown, 358 S.C. 382

Summary

The Supreme Court of South Carolina held that Brown's appeal from her second Greenwood County magistrate conviction was untimely because the magistrate's return stated that she had not moved for a new trial. The court further held that the procedural defect affected appellate jurisdiction, not subject matter jurisdiction, and that the Court of Appeals erred by considering affidavits outside the record. The Court of Appeals' decision was reversed, leaving the second Greenwood County convictions standing and rendering the subsequent Abbeville proceedings a nullity.

Holdings

1. The appeal was untimely because the magistrate's return stated that Brown had not moved for a new trial, and the notice of appeal was not served within the applicable deadline.
2. Failure to comply with procedural requirements for perfecting an appeal affects appellate jurisdiction, not the circuit court's subject matter jurisdiction.

Questions Presented

1. Whether the Court of Appeals erred by concluding that Brown's appeal from his second Greenwood County magistrate conviction was timely.
2. Whether the Court of Appeals erred by finding that the Abbeville County Magistrate's Court lacked subject matter jurisdiction to try Brown.

Disposition

reversed