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COLUMBIA, S.C. (BFMG) — The South Carolina Court of Appeals has paused the appeal of convicted defendant Zachary David Hughes and ordered the case back to circuit court to consider claims of newly discovered evidence that could impact his conviction.
In an order issued in appellate case No. 2025-000367, the court granted Hughes’ motion to hold his appeal in abeyance and remand the matter for consideration of a motion for a new trial.
Hughes, who is serving a life sentence, argued that prosecutors failed to disclose key exculpatory evidence before and during his trial. According to his motion, the state later acknowledged the existence of that evidence more than a year after his conviction.
The defense contends the evidence would have supported a legal argument that Hughes acted in defense of others. Attorneys for Hughes argued the state’s reversal raises serious concerns, suggesting either new evidence has emerged validating the defense’s claims or prosecutors previously misrepresented the existence of the material.
The state opposed the request to remand, arguing the move would be “futile and duplicative” of issues already raised on appeal.
The appellate court disagreed, citing South Carolina appellate rules that allow a case to be temporarily suspended so a lower court can consider a motion for a new trial based on after-discovered evidence.
Under state law, a defendant seeking a new trial on such grounds must show the evidence would likely change the outcome, was discovered after trial, could not have been found earlier with due diligence, is material, and is not merely cumulative or intended only to impeach witnesses.
The court ordered Hughes to notify the presiding circuit court judge within 10 days and to provide status updates every 30 days while the lower court reviews the motion. Once the circuit court issues a ruling, Hughes must submit that decision to the appellate court within 10 days.
The appeals court warned that failure to comply with those requirements could result in dismissal of the appeal.
