State v. Anderson, 314 S.E.2d 597 (S.C. 1984). · Go Syfert
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State v. Anderson, 314 S.E.2d 597 (S.C. 1984). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 2011 · …he death of a criminal appellant, prior to 155 the disposition of his appeal, abates that appeal and constitutes grounds for its dismissal. at p. 597 ✓
cited 2× by 1 distinct case, last quoted 2011 · …he death of a criminal appellant, prior to the disposition of his appeal, abates that appeal and constitutes grounds for its dismissal. at p. 597 ✓
34 citation events (14 in the last 25 years) across 9 distinct courts.
Strongest positive: State v. Bixby (scctapp, 2011-10-19)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Bixby (2×) also: Cited as authority (quoted)
S.C. Ct. App. · 2011 · signal: see · quote attribution · 2 verbatim quotes · confidence high
he death of a criminal appellant, prior to the disposition of his appeal, abates that appeal and constitutes grounds for its dismissal.
examined Cited as authority (verbatim quote) State v. Bixby (2×) also: Cited as authority (quoted)
S.C. Ct. App. · 2011 · signal: see · quote attribution · 2 verbatim quotes · confidence high
he death of a criminal appellant, prior to 155 the disposition of his appeal, abates that appeal and constitutes grounds for its dismissal.
discussed Cited as authority (rule) State of Tennessee v. Hassan Falah Al Mutory
Tenn. · 2019 · confidence medium
Courts in Idaho and South Carolina have also indicated that their rules of appellate procedure allowing substitution when a party dies during an appeal are limited to civil cases and cannot generally serve as a basis for exercising jurisdiction over a criminal appeal after a defendant dies, Korsen, 111 P.3d at 132 ; State v. Anderson, 314 S.E.2d 597, 597 (S.C. 1984).
discussed Cited as authority (rule) State of Tennessee v. Hassan Falah Al Mutory
Tenn. · 2019 · confidence medium
Courts in Idaho and South Carolina have also indicated that their rules of appellate procedure allowing substitution when a party dies during an appeal are limited to civil cases and cannot generally serve as a basis for exercising jurisdiction over a criminal appeal after a defendant dies, Korsen, 111 P.3d at 132 ; State v. Anderson, 314 S.E.2d 597, 597 (S.C. 1984).
discussed Cited as authority (rule) State v. Burrell
Minn. · 2013 · confidence medium
Wheat v. State, 907 So.2d 461, 464 (Ala.2005); 6 State v. Trantolo, 209 Conn. 169 , 549 A.2d 1074, 1074 (1988); Perry v. State, 575 A.2d 1154, 1156 (Del.1990); Harris v. State, 229 Ga. 691 , 194 S.E.2d 76, 77 (1972); State v. Korsen, 141 Idaho 445 , 111 P.3d 130, 135 (2005); Whitehouse v. State, 266 Ind. 527 , 364 N.E.2d 1015, 1016 (1977); Royce v. Commonwealth, 577 S.W.2d 615, 616 (Ky.1979); People v. Peters, 449 Mich. 515 , 537 N.W.2d 160, 163 (1995); State v. Benn, 364 Mont. 153 , 274 P.3d 47, 50 (2012); State v. Anderson, 281 S.C. 198 , 314 S.E.2d 597, 597 (1984).
cited Cited as authority (rule) Piedmont Natural Gas Co. v. Hamm
S.C. · 1990 · confidence medium
Parker v. South Carolina Public Service Commission and Duke Power Company, 281 S. C. 215, 314 S. E. (2d) 597 (1984) (Parker I).
cited Cited as authority (rule) Hamm v. South Carolina Public Service Commission
S.C. · 1988 · confidence medium
Parker v. South Carolina Public Service Commission, 281 S. C. 215 at 217, 314 S. E. (2d) 597 at 598 (1984).
cited Cited "see" Hamm v. Central States Health & Life Co.
S.C. · 1987 · signal: see · confidence high
See Parker v. South Carolina Public Service Commission, 281 S. C. 215, 314 S. E. (2d) 597 (1984), modified, 288 S. C. 304, 342 S. E. (2d) 403 (1986).
Retrieving the full opinion text from the archive…
The STATE, Respondent,
v.
Samuel L. ANDERSON, Appellant
Supreme Court of South Carolina.
Feb 21, 1984.
314 S.E.2d 597
Cited by 12 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #40,140 of 633,719
Citer courts: Court of Appeals of South Caro… (4)

ORDER

Appellant died in an automobile accident pending the disposition of his appeal. The State moved to dismiss the appeal and we granted the motion. Appellant’s counsel now petitions for a rehearing. We deny.

We hold that the death of a criminal appellant, prior to the disposition of his appeal, abates that appeal and constitutes grounds for its dismissal. See 24A C.J.S. Criminal Law §§ 1702 and 1825(3). We further hold that Supreme Court Rule 3, § 2, providing for the substitution of a party in interest when a party to an appeal dies pending its disposition, is inapplicable to criminal appeals.

The order dismissing this appeal is affirmed and the petition for rehearing is denied.

This order shall be published with the opinions of the Court.

It is so ordered.