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13 South Carolina opinions name it 2 courts 2010–2025 10 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 |
|---|---|---|
Smith v. Stategreen2 sentences2025"Counsel's performance is accorded a favorable presumption, and a reviewing court proceeds from the rebuttable presumption that counsel 'rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.'" Smith v. State, 386 S.C. 562, 567 , 689 S.E.2d 629, 632 (2010) (quoting Strickland, 466 U.S. at 690 ). "[O]ur courts have held that a cross-examiner must have a good faith factual basis before questioning a witness about his or her past conduct." State v. McEachern, 399 S.C. 125, 147 , 731 S.E.2d 604, 615 (Ct. App. 2012). 2025"Counsel's performance is accorded a favorable presumption, and a reviewing court proceeds from the rebuttable presumption that counsel 'rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.'" Smith v. State, 386 S.C. 562, 567 , 689 S.E.2d 629, 632 (2010) (quoting Strickland, 466 U.S. at 690 ). "[O]ur courts have held that a cross-examiner must have a good faith factual basis before questioning a witness about his or her past conduct." State v. McEachern, 399 S.C. 125, 147 , 731 S.E.2d 604, 615 (Ct. App. 2012). | 12 | 12 |
Strickland v. Washingtongreen2 sentences2025"Counsel's performance is accorded a favorable presumption, and a reviewing court proceeds from the rebuttable presumption that counsel 'rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.'" Smith v. State, 386 S.C. 562, 567 , 689 S.E.2d 629, 632 (2010) (quoting Strickland, 466 U.S. at 690 ). "[O]ur courts have held that a cross-examiner must have a good faith factual basis before questioning a witness about his or her past conduct." State v. McEachern, 399 S.C. 125, 147 , 731 S.E.2d 604, 615 (Ct. App. 2012). 2024"Counsel's performance is accorded a favorable presumption, and a reviewing court proceeds from the rebuttable presumption that counsel 'rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.'" Smith v. State, 386 S.C. 562, 567 , 689 S.E.2d 629, 632 (2010) (quoting Strickland, 466 U.S. at 690 ). | 4 | 13 |
Van Sellner v. Stategreen2 sentences2023See Sellner v. State, 416 S.C. 606, 610 , 787 S.E.2d 525, 527 (2016) (holding a reviewing court "will uphold [the factual findings of the PCR court] if there is any evidence of probative value to support them"); Strickland v. Washington, 466 U.S. 668, 687 (1984) (providing that deficiency is the first prong of an ineffective assistance of counsel claim); Smith v. State, 386 S.C. 562, 567 , 689 S.E.2d 629, 632 (2010) ("Counsel's performance is accorded a favorable presumption, and a reviewing court proceeds from the rebuttable presumption that counsel 'rendered adequate assistance and made all 2023See Sellner v. State, 416 S.C. 606, 610 , 787 S.E.2d 525, 527 (2016) (holding a reviewing court "will uphold [the factual findings of the PCR court] if there is any evidence of probative value to support them"); Strickland v. Washington, 466 U.S. 668, 687 (1984) (providing that deficiency is the first prong of an ineffective assistance of counsel claim); Smith v. State, 386 S.C. 562, 567 , 689 S.E.2d 629, 632 (2010) ("Counsel's performance is accorded a favorable presumption, and a reviewing court proceeds from the rebuttable presumption that counsel 'rendered adequate assistance and made all | 2 | 2 |
State v. McEacherngreen2 sentences2025"Counsel's performance is accorded a favorable presumption, and a reviewing court proceeds from the rebuttable presumption that counsel 'rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.'" Smith v. State, 386 S.C. 562, 567 , 689 S.E.2d 629, 632 (2010) (quoting Strickland, 466 U.S. at 690 ). "[O]ur courts have held that a cross-examiner must have a good faith factual basis before questioning a witness about his or her past conduct." State v. McEachern, 399 S.C. 125, 147 , 731 S.E.2d 604, 615 (Ct. App. 2012). 2025"Counsel's performance is accorded a favorable presumption, and a reviewing court proceeds from the rebuttable presumption that counsel 'rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.'" Smith v. State, 386 S.C. 562, 567 , 689 S.E.2d 629, 632 (2010) (quoting Strickland, 466 U.S. at 690 ). "[O]ur courts have held that a cross-examiner must have a good faith factual basis before questioning a witness about his or her past conduct." State v. McEachern, 399 S.C. 125, 147 , 731 S.E.2d 604, 615 (Ct. App. 2012). | 1 | 1 |
State v. McGuiregreen2 sentences2025"Counsel should not be permitted to go on a fishing expedition, and '[m]erely asking a question that has no basis in fact may be prejudicial.'" Id. (quoting State v. McGuire, 272 S.C. 547, 550 , 253 S.E.2d 103, 104 (1979)). 2025"Counsel should not be permitted to go on a fishing expedition, and '[m]erely asking a question that has no basis in fact may be prejudicial.'" Id. (quoting State v. McGuire, 272 S.C. 547, 550 , 253 S.E.2d 103, 104 (1979)). | 1 | 1 |
Garrett v. Stategreen2 sentences2024As to the possible prejudice to Petitioner, a court "is allowed broad discretion in sentencing within statutory limits." Garrett v. State, 320 S.C. 353, 356 , 465 S.E.2d 349, 350 (1995). 2024As to the possible prejudice to Petitioner, a court "is allowed broad discretion in sentencing within statutory limits." Garrett v. State, 320 S.C. 353, 356 , 465 S.E.2d 349, 350 (1995). | 1 | 1 |
Matthews v. Stategreen2 sentences2023See Sellner v. State, 416 S.C. 606, 610 , 787 S.E.2d 525, 527 (2016) (holding a reviewing court "will uphold [the factual findings of the PCR court] if there is any evidence of probative value to support them"); Strickland v. Washington, 466 U.S. 668, 687 (1984) (providing that deficiency is the first prong of an ineffective assistance of counsel claim); Smith v. State, 386 S.C. 562, 567 , 689 S.E.2d 629, 632 (2010) ("Counsel's performance is accorded a favorable presumption, and a reviewing court proceeds from the rebuttable presumption that counsel 'rendered adequate assistance and made all 2023See Sellner v. State, 416 S.C. 606, 610 , 787 S.E.2d 525, 527 (2016) (holding a reviewing court "will uphold [the factual findings of the PCR court] if there is any evidence of probative value to support them"); Strickland v. Washington, 466 U.S. 668, 687 (1984) (providing that deficiency is the first prong of an ineffective assistance of counsel claim); Smith v. State, 386 S.C. 562, 567 , 689 S.E.2d 629, 632 (2010) ("Counsel's performance is accorded a favorable presumption, and a reviewing court proceeds from the rebuttable presumption that counsel 'rendered adequate assistance and made all | 1 | 1 |
Dawkins v. Stategreen2 sentences2013“Accordingly, when counsel articulates a valid reason for employing a certain strategy, such conduct will not be deemed ineffective assistance of counsel.” Id. (citing Caprood v. State, 338 S.C. 103, 110 , 525 S.E.2d 514, 517 (2000)). “[Our supreme court] has held that the failure to object to improper hearsay testimony in a [CSC] case because the testimony is merely cumulative to the victim’s testimony is not a reasonable strategy where the evidence is not overwhelming or the improper testimony bolsters the victim’s testimony.” Watson v. State, 370 S.C. 68, 72 , 634 S.E.2d 642, 644 (2006) (ci 2013“Accordingly, when counsel articulates a valid reason for employing a certain strategy, such conduct will not be deemed ineffective assistance of counsel.” Id. (citing Caprood v. State, 338 S.C. 103, 110 , 525 S.E.2d 514, 517 (2000)). “[Our supreme court] has held that the failure to object to improper hearsay testimony in a [CSC] case because the testimony is merely cumulative to the victim’s testimony is not a reasonable strategy where the evidence is not overwhelming or the improper testimony bolsters the victim’s testimony.” Watson v. State, 370 S.C. 68, 72 , 634 S.E.2d 642, 644 (2006) (ci | 1 | 1 |
Caprood v. Stategreen2 sentences2013“Accordingly, when counsel articulates a valid reason for employing a certain strategy, such conduct will not be deemed ineffective assistance of counsel.” Id. (citing Caprood v. State, 338 S.C. 103, 110 , 525 S.E.2d 514, 517 (2000)). “[Our supreme court] has held that the failure to object to improper hearsay testimony in a [CSC] case because the testimony is merely cumulative to the victim’s testimony is not a reasonable strategy where the evidence is not overwhelming or the improper testimony bolsters the victim’s testimony.” Watson v. State, 370 S.C. 68, 72 , 634 S.E.2d 642, 644 (2006) (ci 2013“Accordingly, when counsel articulates a valid reason for employing a certain strategy, such conduct will not be deemed ineffective assistance of counsel.” Id. (citing Caprood v. State, 338 S.C. 103, 110 , 525 S.E.2d 514, 517 (2000)). “[Our supreme court] has held that the failure to object to improper hearsay testimony in a [CSC] case because the testimony is merely cumulative to the victim’s testimony is not a reasonable strategy where the evidence is not overwhelming or the improper testimony bolsters the victim’s testimony.” Watson v. State, 370 S.C. 68, 72 , 634 S.E.2d 642, 644 (2006) (ci | 1 | 1 |
Watson v. Stategreen2 sentences2013“Accordingly, when counsel articulates a valid reason for employing a certain strategy, such conduct will not be deemed ineffective assistance of counsel.” Id. (citing Caprood v. State, 338 S.C. 103, 110 , 525 S.E.2d 514, 517 (2000)). “[Our supreme court] has held that the failure to object to improper hearsay testimony in a [CSC] case because the testimony is merely cumulative to the victim’s testimony is not a reasonable strategy where the evidence is not overwhelming or the improper testimony bolsters the victim’s testimony.” Watson v. State, 370 S.C. 68, 72 , 634 S.E.2d 642, 644 (2006) (ci 2013“Accordingly, when counsel articulates a valid reason for employing a certain strategy, such conduct will not be deemed ineffective assistance of counsel.” Id. (citing Caprood v. State, 338 S.C. 103, 110 , 525 S.E.2d 514, 517 (2000)). “[Our supreme court] has held that the failure to object to improper hearsay testimony in a [CSC] case because the testimony is merely cumulative to the victim’s testimony is not a reasonable strategy where the evidence is not overwhelming or the improper testimony bolsters the victim’s testimony.” Watson v. State, 370 S.C. 68, 72 , 634 S.E.2d 642, 644 (2006) (ci | 1 | 1 |
Jolly v. Stategreen2 sentences2013“Accordingly, when counsel articulates a valid reason for employing a certain strategy, such conduct will not be deemed ineffective assistance of counsel.” Id. (citing Caprood v. State, 338 S.C. 103, 110 , 525 S.E.2d 514, 517 (2000)). “[Our supreme court] has held that the failure to object to improper hearsay testimony in a [CSC] case because the testimony is merely cumulative to the victim’s testimony is not a reasonable strategy where the evidence is not overwhelming or the improper testimony bolsters the victim’s testimony.” Watson v. State, 370 S.C. 68, 72 , 634 S.E.2d 642, 644 (2006) (ci 2013“Accordingly, when counsel articulates a valid reason for employing a certain strategy, such conduct will not be deemed ineffective assistance of counsel.” Id. (citing Caprood v. State, 338 S.C. 103, 110 , 525 S.E.2d 514, 517 (2000)). “[Our supreme court] has held that the failure to object to improper hearsay testimony in a [CSC] case because the testimony is merely cumulative to the victim’s testimony is not a reasonable strategy where the evidence is not overwhelming or the improper testimony bolsters the victim’s testimony.” Watson v. State, 370 S.C. 68, 72 , 634 S.E.2d 642, 644 (2006) (ci | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
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.