favorable presumption (South Carolina) · Go Syfert
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favorable presumption in South Carolina

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.

Followed or applied (11)

CaseFollowedCited
Smith v. Stategreen
sc · 2010 · cited in 12 South Carolina opinions naming this issue, 2013–2025
2 sentences

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).

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).

1212
Strickland v. Washingtongreen
scotus · 1984 · cited in 13 South Carolina opinions naming this issue, 2010–2025
2 sentences

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).

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 ).

413
Van Sellner v. Stategreen
sc · 2016 · cited in 2 South Carolina opinions naming this issue, 2023–2023
2 sentences

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

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

22
State v. McEacherngreen
scctapp · 2012 · cited in 1 South Carolina opinions naming this issue, 2025–2025
2 sentences

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).

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).

11
State v. McGuiregreen
sc · 1979 · cited in 1 South Carolina opinions naming this issue, 2025–2025
2 sentences

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)).

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)).

11
Garrett v. Stategreen
sc · 1995 · cited in 1 South Carolina opinions naming this issue, 2024–2024
2 sentences

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).

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).

11
Matthews v. Stategreen
sc · 2002 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

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

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

11
Dawkins v. Stategreen
sc · 2001 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

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

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

11
Caprood v. Stategreen
sc · 2000 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

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

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

11
Watson v. Stategreen
sc · 2006 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

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

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

11
Jolly v. Stategreen
sc · 1994 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

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

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

11

Distinguished, questioned or overruled (0)

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

Where else courts name it

AL 78 (1942–2011) MA 55 (1984–2026) CA 22 (1902–2025) IL 15 (1915–2013) WA 14 (1984–2026) SC 13 (2010–2025) NY 10 (1917–2017) OK 8 (1918–2016) TX 7 (1902–2012) OH 7 (1929–2026) WI 6 (1888–2024) MN 6 (1941–2024) CT 5 (1980–2026) TN 5 (1981–2004) NV 5 (2013–2018) OR 5 (1937–1966) NJ 5 (1959–2011) VA 4 (1996–2009) FL 4 (1992–2018) AZ 4 (2011–2016) MO 4 (1908–2006) LA 3 (1932–1982) MI 3 (1970–1977) MT 3 (1898–1935) NH 3 (1988–2008) DC 2 (2020–2020) ND 2 (1997–1997) DE 2 (2018–2025) MD 2 (1970–1987) WY 2 (1940–2019) AR 2 (1879–1922)

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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