17 South Carolina opinions name it 2 courts 2011–2022 3 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.
| Case | Followed | Cited |
|---|---|---|
Smalls v. Stategreen2 sentences2022See Smalls v. State, 422 S.C. 174, 190 , 810 S.E.2d 836, 844 (2018) ("In rare cases, using 'overwhelming evidence' as a categorical bar to preclude a finding of prejudice is not error."). 2022See Smalls v. State, 422 S.C. 174, 190 , 810 S.E.2d 836, 844 (2018) ("In rare cases, using 'overwhelming evidence' as a categorical bar to preclude a finding of prejudice is not error."). | 2 | 3 |
State v. Millergreen2 sentences2019Ct. App. 2009))); id. at 408, 768 S.E.2d at 659 (noting "questions police pose during suspect interviews may contain false accusations . . . and inflammatory remarks that constitute legitimate points of inquiry during a police investigation, but that would otherwise be inadmissible in open court" (quoting Miller, 676 S.E.2d at 556 )); id. at 407, 768 S.E.2d at 659 (finding "no support in the law for the State's argument that the interrogators' statements were admissible for purposes of context or for the effect the statements had on" the defendant). 2019But such evidence will rarely be proper for a jury's consideration."); id. at 406-07 , 768 S.E.2d at 659 (holding when "investigators frequently referenced and quoted many purported eyewitnesses" to the crime during the interrogation, such "evidence was hearsay, offered for the sole purpose of proving the truth of the matter asserted, establishing [the defendant's] guilt to all charges" (emphasis in original)); id. at 407-08 , 768 S.E.2d at 659 (declining to establish "a categorical rule that any statement by an investigator during an interrogation is inadmissible at trial" but noting trial co | 2 | 2 |
State v. Fletchergreen2 sentences2018In the context of sexual offenses, mere similarities alone do not necessarily establish a logical connection between the crime charged and the prior bad acts such that the existence of one tends to prove the existence of the other. 4 See **504 State v. Fletcher , 379 S.C. 17 , 23, 664 S.E.2d 480 , 483 (2008) ("To be admissible, the bad act must logically relate to the crime with which the defendant has been charged."). 2018In the context of sexual offenses, mere similarities alone do not necessarily establish a logical connection between the crime charged and the prior bad acts such that the existence of one tends to prove the existence of the other. 4 See **504 State v. Fletcher , 379 S.C. 17 , 23, 664 S.E.2d 480 , 483 (2008) ("To be admissible, the bad act must logically relate to the crime with which the defendant has been charged."). | 2 | 2 |
State v. Jenningsgreen2 sentences2013But these determinations are necessarily context dependent, and a categorical rule is at odds with longstanding harmless error jurisprudence.” State v. Jennings, 394 S.C. 473, 482 , 716 S.E.2d 91, 96 (2011) (Kittredge, J., dissenting). 2013But these determinations are necessarily context dependent, and a categorical rule is at odds with longstanding harmless error jurisprudence.” State v. Jennings, 394 S.C. 473, 482 , 716 S.E.2d 91, 96 (2011) (Kittredge, J., dissenting). | 2 | 2 |
State v. Browngreen2 sentences2020We additionally note it does not appear as simple as the dissent's contention that "Riley created a categorical rule that, absent exigent circumstances, law enforcement must procure a search warrant before searching the data contents of a cell phone." (second emphasis added) (quoting Brown, 423 S.C. at 531, 815 S.E.2d at 767 (Beatty, C.J., dissenting)). 2020As I stated in my dissent in Brown, "Riley creates a categorical rule that, absent exigent circumstances, law enforcement must procure a search warrant before searching the data contents of a cell phone." State v. Brown, 423 S.C. 519 , 531, 815 S.E.2d 761, 767 (2018) (Beatty, C.J., dissenting). | 1 | 1 |
State v. Brewergreen2 sentences2019But such evidence will rarely be proper for a jury's consideration."); id. at 406-07 , 768 S.E.2d at 659 (holding when "investigators frequently referenced and quoted many purported eyewitnesses" to the crime during the interrogation, such "evidence was hearsay, offered for the sole purpose of proving the truth of the matter asserted, establishing [the defendant's] guilt to all charges" (emphasis in original)); id. at 407-08 , 768 S.E.2d at 659 (declining to establish "a categorical rule that any statement by an investigator during an interrogation is inadmissible at trial" but noting trial co 2019But such evidence will rarely be proper for a jury's consideration."); id. at 406-07 , 768 S.E.2d at 659 (holding when "investigators frequently referenced and quoted many purported eyewitnesses" to the crime during the interrogation, such "evidence was hearsay, offered for the sole purpose of proving the truth of the matter asserted, establishing [the defendant's] guilt to all charges" (emphasis in original)); id. at 407-08 , 768 S.E.2d at 659 (declining to establish "a categorical rule that any statement by an investigator during an interrogation is inadmissible at trial" but noting trial co | 1 | 1 |
United States v. Robin Brooks, Jr.green1 sentence2018See, e.g. , Johnson v. State , 457 Md. 513 , 179 A.3d 984 , 995 (2018) (recognizing "[c]ourts in other jurisdictions have admitted evidence derived from GPS tracking devices over objections to the lack of technical expertise of the sponsoring witness," such as "tracking reports from GPS devices concealed in currency stolen from banks, data reports from GPS monitoring devices worn by probationers, and data on a GPS device seized from drug smuggling boat," and rejecting "a categorical rule that expert testimony is required whenever location and duration information derived from a GPS device is o | 1 | 1 |
Johnson v. Stategreen2 sentences2018See, e.g. , Johnson v. State , 457 Md. 513 , 179 A.3d 984 , 995 (2018) (recognizing "[c]ourts in other jurisdictions have admitted evidence derived from GPS tracking devices over objections to the lack of technical expertise of the sponsoring witness," such as "tracking reports from GPS devices concealed in currency stolen from banks, data reports from GPS monitoring devices worn by probationers, and data on a GPS device seized from drug smuggling boat," and rejecting "a categorical rule that expert testimony is required whenever location and duration information derived from a GPS device is o 2018See, e.g. , Johnson v. State , 457 Md. 513 , 179 A.3d 984 , 995 (2018) (recognizing "[c]ourts in other jurisdictions have admitted evidence derived from GPS tracking devices over objections to the lack of technical expertise of the sponsoring witness," such as "tracking reports from GPS devices concealed in currency stolen from banks, data reports from GPS monitoring devices worn by probationers, and data on a GPS device seized from drug smuggling boat," and rejecting "a categorical rule that expert testimony is required whenever location and duration information derived from a GPS device is o | 1 | 1 |
State v. Browngreen2 sentences2018Ct. App. 2016) (analyzing Riley and holding that "a categorical rule permitting warrantless searches of abandoned cell phones, the contents of which are password protected, is ... unconstitutional" (relying on Brown , 414 S.C. at 32 , 776 S.E.2d at 927 (Konduros, J., dissenting) and State v. Samalia , 186 Wash.2d 262 , 375 P.3d 1082 , 1091-96 (2016) ( en banc ) (Yu, J., dissenting) ) ). 2018Ct. App. 2016) (analyzing Riley and holding that "a categorical rule permitting warrantless searches of abandoned cell phones, the contents of which are password protected, is ... unconstitutional" (relying on Brown , 414 S.C. at 32 , 776 S.E.2d at 927 (Konduros, J., dissenting) and State v. Samalia , 186 Wash.2d 262 , 375 P.3d 1082 , 1091-96 (2016) ( en banc ) (Yu, J., dissenting) ) ). | 1 | 1 |
F. Gregorie & Son v. Hamlingreen2 sentences2015Mortgages § 71; see F. Gregorie & Son v. Hamlin, 273 S.C. 412, 421-22 , 257 S.E.2d 699, 703 (1979) (rejecting the notion that “the mere fact that a contract to reconvey was executed simultaneously with the deed creates in legal effect a mortgage” and instead finding such a fact is rather a “strong circumstance to be considered in the determination between a deed absolute and an equitable mortgage”). *352 It is the absence of evidence contemporaneous with the conveyance that disposes of the equitable mortgage claim for the Court: “Most importantly, there is no contemporaneous writing indicating 2015Mortgages § 71; see F. Gregorie & Son v. Hamlin, 273 S.C. 412, 421-22 , 257 S.E.2d 699, 703 (1979) (rejecting the notion that “the mere fact that a contract to reconvey was executed simultaneously with the deed creates in legal effect a mortgage” and instead finding such a fact is rather a “strong circumstance to be considered in the determination between a deed absolute and an equitable mortgage”). *352 It is the absence of evidence contemporaneous with the conveyance that disposes of the equitable mortgage claim for the Court: “Most importantly, there is no contemporaneous writing indicating | 1 | 1 |
Huggler v. Stategreen2 sentences2011Cf. Huggler v. State, 360 S.C. 627, 634-36 , 602 S.E.2d 753, 757-58 (2004) (holding in a post-conviction relief matter arising from a criminal sexual conduct conviction that defense counsel's failure to object to the admission of written witness statements that went beyond time and place of the alleged sexual assault fell below an objective standard of reasonableness, but counsel's failure to object had not prejudiced the *483 defendant's case "[i]n light of the overwhelming evidence presented by the State" and "[t]he evidence of abuse was overwhelming even without the content in the [improper 2011Cf. Huggler v. State, 360 S.C. 627, 634-36 , 602 S.E.2d 753, 757-58 (2004) (holding in a post-conviction relief matter arising from a criminal sexual conduct conviction that defense counsel's failure to object to the admission of written witness statements that went beyond time and place of the alleged sexual assault fell below an objective standard of reasonableness, but counsel's failure to object had not prejudiced the *483 defendant's case "[i]n light of the overwhelming evidence presented by the State" and "[t]he evidence of abuse was overwhelming even without the content in the [improper | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
1 sentence2021Id. at 191 , 810 S.E.2d at 845 (quoting Strickland, 466 U.S. at 695 ). | 1 | 2021–2021 |
Graham v. Florida
green
1 sentence2019The Graham majority began its analysis by observing that "[t]he present case involves an issue the Court has not considered previously: a categorical challenge to a term-of-years sentence ." Graham , 560 U.S. at 61, 130 S.Ct. 2011 (emphasis **308 added). | 1 | 2019–2019 |
Arizona v. Gant
green
2 sentences2018However, there is no evidence Brown made or initiated any of those calls or texts. 3 Brown's statement is inconsistent with the records of his cell phone provider, which indicate the service was not officially canceled until later. 4 United States v. Robinson , 414 U.S. 218 , 94 S.Ct. 467 , 38 L.Ed.2d 427 (1973) (concluding that, following a custodial arrest, the warrantless search of defendant's person, the inspection of a crumpled cigarette package found on defendant's person, and the seizure of heroin capsules found in the package were permissible under the Fourth Amendment). 5 Chimel v. Ca 2018However, there is no evidence Brown made or initiated any of those calls or texts. 3 Brown's statement is inconsistent with the records of his cell phone provider, which indicate the service was not officially canceled until later. 4 United States v. Robinson , 414 U.S. 218 , 94 S.Ct. 467 , 38 L.Ed.2d 427 (1973) (concluding that, following a custodial arrest, the warrantless search of defendant's person, the inspection of a crumpled cigarette package found on defendant's person, and the seizure of heroin capsules found in the package were permissible under the Fourth Amendment). 5 Chimel v. Ca | 1 | 2018–2018 |
United States v. Evert Thompson
green
1 sentence2018See, e.g. , Johnson v. State , 457 Md. 513 , 179 A.3d 984 , 995 (2018) (recognizing "[c]ourts in other jurisdictions have admitted evidence derived from GPS tracking devices over objections to the lack of technical expertise of the sponsoring witness," such as "tracking reports from GPS devices concealed in currency stolen from banks, data reports from GPS monitoring devices worn by probationers, and data on a GPS device seized from drug smuggling boat," and rejecting "a categorical rule that expert testimony is required whenever location and duration information derived from a GPS device is o | 1 | 2018–2018 |
Chimel v. California
red
2 sentences2018However, there is no evidence Brown made or initiated any of those calls or texts. 3 Brown's statement is inconsistent with the records of his cell phone provider, which indicate the service was not officially canceled until later. 4 United States v. Robinson , 414 U.S. 218 , 94 S.Ct. 467 , 38 L.Ed.2d 427 (1973) (concluding that, following a custodial arrest, the warrantless search of defendant's person, the inspection of a crumpled cigarette package found on defendant's person, and the seizure of heroin capsules found in the package were permissible under the Fourth Amendment). 5 Chimel v. Ca 2018However, there is no evidence Brown made or initiated any of those calls or texts. 3 Brown's statement is inconsistent with the records of his cell phone provider, which indicate the service was not officially canceled until later. 4 United States v. Robinson , 414 U.S. 218 , 94 S.Ct. 467 , 38 L.Ed.2d 427 (1973) (concluding that, following a custodial arrest, the warrantless search of defendant's person, the inspection of a crumpled cigarette package found on defendant's person, and the seizure of heroin capsules found in the package were permissible under the Fourth Amendment). 5 Chimel v. Ca | 1 | 2018–2018 |
State v. Samalia
green
2 sentences2018Ct. App. 2016) (analyzing Riley and holding that "a categorical rule permitting warrantless searches of abandoned cell phones, the contents of which are password protected, is ... unconstitutional" (relying on Brown , 414 S.C. at 32 , 776 S.E.2d at 927 (Konduros, J., dissenting) and State v. Samalia , 186 Wash.2d 262 , 375 P.3d 1082 , 1091-96 (2016) ( en banc ) (Yu, J., dissenting) ) ). 2018Ct. App. 2016) (analyzing Riley and holding that "a categorical rule permitting warrantless searches of abandoned cell phones, the contents of which are password protected, is ... unconstitutional" (relying on Brown , 414 S.C. at 32 , 776 S.E.2d at 927 (Konduros, J., dissenting) and State v. Samalia , 186 Wash.2d 262 , 375 P.3d 1082 , 1091-96 (2016) ( en banc ) (Yu, J., dissenting) ) ). | 1 | 2018–2018 |
State v. Jackson
green
1 sentence2018Appx. 852 (3d Cir. 2010) ; Jackson , 748 S.E.2d 50 ; Thissell , 928 N.E.2d 932 ; Espinal-Almeida , 699 F.3d 588 (footnotes omitted) ) ). | 1 | 2018–2018 |
United States v. Espinal-Almeida
green
1 sentence2018Appx. 852 (3d Cir. 2010) ; Jackson , 748 S.E.2d 50 ; Thissell , 928 N.E.2d 932 ; Espinal-Almeida , 699 F.3d 588 (footnotes omitted) ) ). | 1 | 2018–2018 |
United States v. Robinson
green
2 sentences2018However, there is no evidence Brown made or initiated any of those calls or texts. 3 Brown's statement is inconsistent with the records of his cell phone provider, which indicate the service was not officially canceled until later. 4 United States v. Robinson , 414 U.S. 218 , 94 S.Ct. 467 , 38 L.Ed.2d 427 (1973) (concluding that, following a custodial arrest, the warrantless search of defendant's person, the inspection of a crumpled cigarette package found on defendant's person, and the seizure of heroin capsules found in the package were permissible under the Fourth Amendment). 5 Chimel v. Ca 2018However, there is no evidence Brown made or initiated any of those calls or texts. 3 Brown's statement is inconsistent with the records of his cell phone provider, which indicate the service was not officially canceled until later. 4 United States v. Robinson , 414 U.S. 218 , 94 S.Ct. 467 , 38 L.Ed.2d 427 (1973) (concluding that, following a custodial arrest, the warrantless search of defendant's person, the inspection of a crumpled cigarette package found on defendant's person, and the seizure of heroin capsules found in the package were permissible under the Fourth Amendment). 5 Chimel v. Ca | 1 | 2018–2018 |
Rosemond v. Catoe
green
2 sentences2018We did it, for example, in Rosemond v. Catoe , 383 S.C. 320 , 680 S.E.2d 5 (2009). 2018We did it, for example, in Rosemond v. Catoe , 383 S.C. 320 , 680 S.E.2d 5 (2009). | 1 | 2018–2018 |
Commonwealth v. Thissell
green
1 sentence2018Appx. 852 (3d Cir. 2010) ; Jackson , 748 S.E.2d 50 ; Thissell , 928 N.E.2d 932 ; Espinal-Almeida , 699 F.3d 588 (footnotes omitted) ) ). | 1 | 2018–2018 |
Roper v. Simmons
green
1 sentence2014Id. at 2469 . | 1 | 2014–2014 |
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.