commits reversible error in South Carolina

26 South Carolina opinions name it 2 courts 1989–2014 0 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (15)

Case	Followed	Cited
State v. Hillgreen sc · 1993 · cited in 10 South Carolina opinions naming this issue, 1999–2010 2 sentences 2004"To warrant reversal, a trial judge's refusal to give a requested jury charge must be both erroneous and prejudicial." State v. Hughey, 339 S.C. 439, 450 , 529 S.E.2d 721, 727 (2000); see State v. Harrison, 343 S.C. 165, 172 , 539 S.E.2d 71, 74 (Ct.App.2000) ("A trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence). 2004"To warrant reversal, a trial judge's refusal to give a requested jury charge must be both erroneous and prejudicial." State v. Hughey, 339 S.C. 439, 450 , 529 S.E.2d 721, 727 (2000); see State v. Harrison, 343 S.C. 165, 172 , 539 S.E.2d 71, 74 (Ct.App.2000) ("A trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence).	8	10
State v. Burrissgreen sc · 1999 · cited in 9 South Carolina opinions naming this issue, 2000–2010 2 sentences 2010Accordingly, we reverse[1] and remand Edwards's case for a new trial pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Burriss , 334 S.C. 256, 262 , 513 S.E.2d 104, 108 (1999) ("[T]he law to be charged is determined from the evidence presented at trial . . . ."); Id. ("The trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence."); State v. Mekler , 379 S.C. 12, 17 , 664 S.E.2d 477, 479 (2008) (holding the defendant in a murder trial was entitled to an involuntary manslaughter charge because evidence was presented 2010Accordingly, we reverse[1] and remand Edwards's case for a new trial pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Burriss , 334 S.C. 256, 262 , 513 S.E.2d 104, 108 (1999) ("[T]he law to be charged is determined from the evidence presented at trial . . . ."); Id. ("The trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence."); State v. Mekler , 379 S.C. 12, 17 , 664 S.E.2d 477, 479 (2008) (holding the defendant in a murder trial was entitled to an involuntary manslaughter charge because evidence was presented	6	9
State v. Leegreen sc · 1989 · cited in 5 South Carolina opinions naming this issue, 1991–2011 2 sentences 2011Lee, 298 S.C. at 364 , 380 S.E.2d at 835 . 2011Lee, 298 S.C. at 364 , 380 S.E.2d at 835 .	1	5
State v. Gibsongreen scctapp · 2010 · cited in 2 South Carolina opinions naming this issue, 2013–2014 2 sentences 2014As to whether the trial court erred in not charging the jury with strong arm robbery: State v. Gibson, 390 S.C. 347, 355-56 , 701 S.E.2d 766, 770 (Ct. App. 2010) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence); State v. Tyndall, 336 S.C. 8, 21 , 518 S.E.2d 278, 285 (Ct. App. 1999) ("A lesser included offense instruction is required only when the evidence warrants such an instruction, and it is not error to refuse to charge the lesser included offense unless there is evidence tending to show the defendant was guilty only 2014As to whether the trial court erred in not charging the jury with strong arm robbery: State v. Gibson, 390 S.C. 347, 355-56 , 701 S.E.2d 766, 770 (Ct. App. 2010) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence); State v. Tyndall, 336 S.C. 8, 21 , 518 S.E.2d 278, 285 (Ct. App. 1999) ("A lesser included offense instruction is required only when the evidence warrants such an instruction, and it is not error to refuse to charge the lesser included offense unless there is evidence tending to show the defendant was guilty only	1	2
State v. Harrisongreen scctapp · 2000 · cited in 2 South Carolina opinions naming this issue, 2004–2007 2 sentences 2004"To warrant reversal, a trial judge's refusal to give a requested jury charge must be both erroneous and prejudicial." State v. Hughey, 339 S.C. 439, 450 , 529 S.E.2d 721, 727 (2000); see State v. Harrison, 343 S.C. 165, 172 , 539 S.E.2d 71, 74 (Ct.App.2000) ("A trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence). 2004"To warrant reversal, a trial judge's refusal to give a requested jury charge must be both erroneous and prejudicial." State v. Hughey, 339 S.C. 439, 450 , 529 S.E.2d 721, 727 (2000); see State v. Harrison, 343 S.C. 165, 172 , 539 S.E.2d 71, 74 (Ct.App.2000) ("A trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence).	1	2
State v. Tyndallgreen scctapp · 1999 · cited in 1 South Carolina opinions naming this issue, 2014–2014 2 sentences 2014As to whether the trial court erred in not charging the jury with strong arm robbery: State v. Gibson, 390 S.C. 347, 355-56 , 701 S.E.2d 766, 770 (Ct. App. 2010) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence); State v. Tyndall, 336 S.C. 8, 21 , 518 S.E.2d 278, 285 (Ct. App. 1999) ("A lesser included offense instruction is required only when the evidence warrants such an instruction, and it is not error to refuse to charge the lesser included offense unless there is evidence tending to show the defendant was guilty only 2014As to whether the trial court erred in not charging the jury with strong arm robbery: State v. Gibson, 390 S.C. 347, 355-56 , 701 S.E.2d 766, 770 (Ct. App. 2010) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence); State v. Tyndall, 336 S.C. 8, 21 , 518 S.E.2d 278, 285 (Ct. App. 1999) ("A lesser included offense instruction is required only when the evidence warrants such an instruction, and it is not error to refuse to charge the lesser included offense unless there is evidence tending to show the defendant was guilty only	1	1
State v. Tascogreen sc · 1987 · cited in 1 South Carolina opinions naming this issue, 2014–2014 2 sentences 2014Code Ann. § 16-11-330 (A) (2003) (providing a person is guilty of armed robbery if he or she "commits robbery while armed with a pistol . . . or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon"); State v. Tasco, 292 S.C. 270, 272 , 356 S.E.2d 117, 118 (1987) ("[W]hen a person perpetrates a robbery by brandishing an instrument which appears to be a firearm . . . in the absence of any evidence to the co 2014Code Ann. § 16-11-330 (A) (2003) (providing a person is guilty of armed robbery if he or she "commits robbery while armed with a pistol . . . or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon"); State v. Tasco, 292 S.C. 270, 272 , 356 S.E.2d 117, 118 (1987) ("[W]hen a person perpetrates a robbery by brandishing an instrument which appears to be a firearm . . . in the absence of any evidence to the co	1	1
State v. Knotengreen sc · 2001 · cited in 1 South Carolina opinions naming this issue, 2010–2010 2 sentences 2010State v. Knoten, 347 S.C. 296, 302 , 555 S.E.2d 391, 394 (2001). 2010State v. Knoten, 347 S.C. 296, 302 , 555 S.E.2d 391, 394 (2001).	1	1
State v. Meklergreen sc · 2008 · cited in 1 South Carolina opinions naming this issue, 2010–2010 2 sentences 2010Accordingly, we reverse[1] and remand Edwards's case for a new trial pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Burriss , 334 S.C. 256, 262 , 513 S.E.2d 104, 108 (1999) ("[T]he law to be charged is determined from the evidence presented at trial . . . ."); Id. ("The trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence."); State v. Mekler , 379 S.C. 12, 17 , 664 S.E.2d 477, 479 (2008) (holding the defendant in a murder trial was entitled to an involuntary manslaughter charge because evidence was presented 2010Accordingly, we reverse[1] and remand Edwards's case for a new trial pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Burriss , 334 S.C. 256, 262 , 513 S.E.2d 104, 108 (1999) ("[T]he law to be charged is determined from the evidence presented at trial . . . ."); Id. ("The trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence."); State v. Mekler , 379 S.C. 12, 17 , 664 S.E.2d 477, 479 (2008) (holding the defendant in a murder trial was entitled to an involuntary manslaughter charge because evidence was presented	1	1
State v. Wigingtongreen scctapp · 2007 · cited in 1 South Carolina opinions naming this issue, 2008–2008 2 sentences 2008State v. Wigington , 375 S.C. 25, 30 , 649 S.E.2d 185, 187 (Ct. App. 2007). A trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence. Lee-Grigg , at 406, 649 S.E.2d at 50. 2008State v. Wigington , 375 S.C. 25, 30 , 649 S.E.2d 185, 187 (Ct. App. 2007). A trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence. Lee-Grigg , at 406, 649 S.E.2d at 50.	1	1
State v. Jefferiesgreen sc · 1994 · cited in 1 South Carolina opinions naming this issue, 2007–2007 2 sentences 2007State v. Kerr, 330 S.C. 132, 144-45 , 498 S.E.2d 212, 218 (Ct.App.1998) (citing State v. Jefferies, 316 S.C. 13, 22 , 446 S.E.2d 427, 432 (1994)); see also State v. Peay, 321 S.C. 405, 410 , 468 S.E.2d 669, 672 (Ct.App.1996) (concluding that the trial court commits reversible error when it fails to give requested charge on issue raised by indictment and evidence presented). 2007State v. Kerr, 330 S.C. 132, 144-45 , 498 S.E.2d 212, 218 (Ct.App.1998) (citing State v. Jefferies, 316 S.C. 13, 22 , 446 S.E.2d 427, 432 (1994)); see also State v. Peay, 321 S.C. 405, 410 , 468 S.E.2d 669, 672 (Ct.App.1996) (concluding that the trial court commits reversible error when it fails to give requested charge on issue raised by indictment and evidence presented).	1	1
State v. Peaygreen scctapp · 1996 · cited in 1 South Carolina opinions naming this issue, 2007–2007 2 sentences 2007State v. Kerr, 330 S.C. 132, 144-45 , 498 S.E.2d 212, 218 (Ct.App.1998) (citing State v. Jefferies, 316 S.C. 13, 22 , 446 S.E.2d 427, 432 (1994)); see also State v. Peay, 321 S.C. 405, 410 , 468 S.E.2d 669, 672 (Ct.App.1996) (concluding that the trial court commits reversible error when it fails to give requested charge on issue raised by indictment and evidence presented). 2007State v. Kerr, 330 S.C. 132, 144-45 , 498 S.E.2d 212, 218 (Ct.App.1998) (citing State v. Jefferies, 316 S.C. 13, 22 , 446 S.E.2d 427, 432 (1994)); see also State v. Peay, 321 S.C. 405, 410 , 468 S.E.2d 669, 672 (Ct.App.1996) (concluding that the trial court commits reversible error when it fails to give requested charge on issue raised by indictment and evidence presented).	1	1
State v. Kerrgreen scctapp · 1998 · cited in 1 South Carolina opinions naming this issue, 2007–2007 2 sentences 2007State v. Kerr, 330 S.C. 132, 144-45 , 498 S.E.2d 212, 218 (Ct.App.1998) (citing State v. Jefferies, 316 S.C. 13, 22 , 446 S.E.2d 427, 432 (1994)); see also State v. Peay, 321 S.C. 405, 410 , 468 S.E.2d 669, 672 (Ct.App.1996) (concluding that the trial court commits reversible error when it fails to give requested charge on issue raised by indictment and evidence presented). 2007State v. Kerr, 330 S.C. 132, 144-45 , 498 S.E.2d 212, 218 (Ct.App.1998) (citing State v. Jefferies, 316 S.C. 13, 22 , 446 S.E.2d 427, 432 (1994)); see also State v. Peay, 321 S.C. 405, 410 , 468 S.E.2d 669, 672 (Ct.App.1996) (concluding that the trial court commits reversible error when it fails to give requested charge on issue raised by indictment and evidence presented).	1	1
State v. Whitegreen sc · 2004 · cited in 1 South Carolina opinions naming this issue, 2007–2007 2 sentences 2007State v. White, 361 S.C. 407, 412 , 605 S.E.2d 540, 542 (2004); State v. Burriss, 334 S.C. 256, 262 ; 513 S.E.2d 104, 108 (1999); Harrison, 343 S.C. at 172 , 539 S.E.2d at 74 . 2007State v. White, 361 S.C. 407, 412 , 605 S.E.2d 540, 542 (2004); State v. Burriss, 334 S.C. 256, 262 ; 513 S.E.2d 104, 108 (1999); Harrison, 343 S.C. at 172 , 539 S.E.2d at 74 .	1	1
State v. Hugheygreen sc · 2000 · cited in 1 South Carolina opinions naming this issue, 2004–2004 2 sentences 2004"To warrant reversal, a trial judge's refusal to give a requested jury charge must be both erroneous and prejudicial." State v. Hughey, 339 S.C. 439, 450 , 529 S.E.2d 721, 727 (2000); see State v. Harrison, 343 S.C. 165, 172 , 539 S.E.2d 71, 74 (Ct.App.2000) ("A trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence). 2004"To warrant reversal, a trial judge's refusal to give a requested jury charge must be both erroneous and prejudicial." State v. Hughey, 339 S.C. 439, 450 , 529 S.E.2d 721, 727 (2000); see State v. Harrison, 343 S.C. 165, 172 , 539 S.E.2d 71, 74 (Ct.App.2000) ("A trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

Case	Cited	Years
State v. Rothell green sc · 1990 2 sentences 2010State v. Rothell , 301 S.C. 168 , 391 S.E.2d 228 (1990) (finding reversible error where a trial court instructed the jury on an issue that was not an element of the statutory offense because the jury could have been misled). 2010State v. Rothell , 301 S.C. 168 , 391 S.E.2d 228 (1990) (finding reversible error where a trial court instructed the jury on an issue that was not an element of the statutory offense because the jury could have been misled).	1	2010–2010
State v. Kimbrell green sc · 1987 1 sentence 1989State v. Kimbrell, 294 S. C. 51, 362 S. E. (2d) 630 (1987); State v. Robertson, 191 S. C. 509, 5 S. E. (2d) 285 (1939).	1	1989–1989
State v. Robertson green sc · 1939 1 sentence 1989State v. Kimbrell, 294 S. C. 51, 362 S. E. (2d) 630 (1987); State v. Robertson, 191 S. C. 509, 5 S. E. (2d) 285 (1939).	1	1989–1989

Where else courts name it

TX 75 (1921–2026) OH 71 (1985–2026) OR 49 (2014–2026) FL 43 (1977–2026) IL 31 (1979–2025) SC 26 (1989–2014) MO 24 (1990–2019) IN 24 (1979–2020) WA 23 (1989–2025) AR 13 (1966–2025) PA 12 (1973–2026) AL 11 (1979–2016) CA 9 (1982–2022) GA 8 (1997–2026) NC 8 (1988–2005) WY 7 (1988–2012) KS 7 (1980–2022) AZ 6 (1981–2024) MS 6 (1996–2025) TN 5 (1995–2013) CO 5 (1992–2024) DC 5 (1983–2004) NY 4 (2014–2026) ND 4 (1999–2026) CT 3 (1994–2016) MI 3 (1971–1979) OK 3 (1979–2001) WV 3 (2000–2014) UT 2 (1993–2005) MT 2 (1925–1994)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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