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13 South Carolina opinions name it 2 courts 1975–2016 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.
| Case | Followed | Cited |
|---|---|---|
State v. Torrencegreen2 sentences2006Fuller, 297 S.C. at 444 , 377 S.E.2d at 331 ; State v. Harvey, 220 S.C. 506, 518 , 68 S.E.2d 409, 414 (1951), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae); State v. Mason, 115 S.C. 214, 217 , 105 S.E. 286, 286 (1920) ("Words accompanied by hostile acts may, according to the circumstances, not only reduce a killing from murder to manslaughter, but may establish the plea of self-defense."). 2006Fuller, 297 S.C. at 444 , 377 S.E.2d at 331 ; State v. Harvey, 220 S.C. 506, 518 , 68 S.E.2d 409, 414 (1951), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae); State v. Mason, 115 S.C. 214, 217 , 105 S.E. 286, 286 (1920) ("Words accompanied by hostile acts may, according to the circumstances, not only reduce a killing from murder to manslaughter, but may establish the plea of self-defense."). | 1 | 8 |
State v. Riddlegreen2 sentences1993State v. Riddle, 291 S.C. 232, 235 , 353 S.E.2d 138, 140 (1987) ("Under the doctrine of in favorem vitae [,] we have a duty to search the record for prejudicial error committed by the trial court. "), overruled on other grounds by Torrence, supra ; State v. Boone, 228 S.C. 438, 447 , 90 S.E.2d 640, 644 (1955) ("[I]n keeping with our invariable rule of in favorem vitae, ... [we] have combed the record for prejudicial error, disregarding whether or not it may have been made the basis of exception or question."), overruled on other grounds by Torrence, supra . 1993State v. Riddle, 291 S.C. 232, 235 , 353 S.E.2d 138, 140 (1987) ("Under the doctrine of in favorem vitae [,] we have a duty to search the record for prejudicial error committed by the trial court. "), overruled on other grounds by Torrence, supra ; State v. Boone, 228 S.C. 438, 447 , 90 S.E.2d 640, 644 (1955) ("[I]n keeping with our invariable rule of in favorem vitae, ... [we] have combed the record for prejudicial error, disregarding whether or not it may have been made the basis of exception or question."), overruled on other grounds by Torrence, supra . | 1 | 2 |
State v. Harveygreen2 sentences2006Fuller, 297 S.C. at 444 , 377 S.E.2d at 331 ; State v. Harvey, 220 S.C. 506, 518 , 68 S.E.2d 409, 414 (1951), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae); State v. Mason, 115 S.C. 214, 217 , 105 S.E. 286, 286 (1920) ("Words accompanied by hostile acts may, according to the circumstances, not only reduce a killing from murder to manslaughter, but may establish the plea of self-defense."). 2006Fuller, 297 S.C. at 444 , 377 S.E.2d at 331 ; State v. Harvey, 220 S.C. 506, 518 , 68 S.E.2d 409, 414 (1951), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae); State v. Mason, 115 S.C. 214, 217 , 105 S.E. 286, 286 (1920) ("Words accompanied by hostile acts may, according to the circumstances, not only reduce a killing from murder to manslaughter, but may establish the plea of self-defense."). | 1 | 1 |
State v. Starnesgreen2 sentences2006The defendant does not have to wait until his adversary is on equal footing in order to act; "he has the right to act under the law of self-preservation and prevent his [adversary from] getting the drop on him." State v. Starnes, 340 S.C. 312, 322 , 531 S.E.2d 907, 913 (2000); Hendrix, 270 S.C. at 660 , 244 S.E.2d at 507 ; State v. Rash, 182 S.C. 42, 50 , 188 S.E. 435, 438 (1936). 2006The defendant does not have to wait until his adversary is on equal footing in order to act; "he has the right to act under the law of self-preservation and prevent his [adversary from] getting the drop on him." State v. Starnes, 340 S.C. 312, 322 , 531 S.E.2d 907, 913 (2000); Hendrix, 270 S.C. at 660 , 244 S.E.2d at 507 ; State v. Rash, 182 S.C. 42, 50 , 188 S.E. 435, 438 (1936). | 1 | 1 |
Gadsden v. Sands & Co.green2 sentences2006Fuller, 297 S.C. at 444 , 377 S.E.2d at 331 ; State v. Harvey, 220 S.C. 506, 518 , 68 S.E.2d 409, 414 (1951), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae); State v. Mason, 115 S.C. 214, 217 , 105 S.E. 286, 286 (1920) (“Words accompanied by hostile acts may, according to the circumstances, not only reduce a killing from murder to manslaughter, but may establish the plea of self-defense.”). 2006Fuller, 297 S.C. at 444 , 377 S.E.2d at 331 ; State v. Harvey, 220 S.C. 506, 518 , 68 S.E.2d 409, 414 (1951), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae); State v. Mason, 115 S.C. 214, 217 , 105 S.E. 286, 286 (1920) ("Words accompanied by hostile acts may, according to the circumstances, not only reduce a killing from murder to manslaughter, but may establish the plea of self-defense."). | 1 | 1 |
State v. Masongreen2 sentences2006Fuller, 297 S.C. at 444 , 377 S.E.2d at 331 ; State v. Harvey, 220 S.C. 506, 518 , 68 S.E.2d 409, 414 (1951), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae); State v. Mason, 115 S.C. 214, 217 , 105 S.E. 286, 286 (1920) (“Words accompanied by hostile acts may, according to the circumstances, not only reduce a killing from murder to manslaughter, but may establish the plea of self-defense.”). 2006Fuller, 297 S.C. at 444 , 377 S.E.2d at 331 ; State v. Harvey, 220 S.C. 506, 518 , 68 S.E.2d 409, 414 (1951), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae); State v. Mason, 115 S.C. 214, 217 , 105 S.E. 286, 286 (1920) ("Words accompanied by hostile acts may, according to the circumstances, not only reduce a killing from murder to manslaughter, but may establish the plea of self-defense."). | 1 | 1 |
State v. Rashgreen2 sentences2006The defendant does not have to wait until his adversary is on equal footing in order to act; "he has the right to act under the law of self-preservation and prevent his [adversary from] getting the drop on him." State v. Starnes, 340 S.C. 312, 322 , 531 S.E.2d 907, 913 (2000); Hendrix, 270 S.C. at 660 , 244 S.E.2d at 507 ; State v. Rash, 182 S.C. 42, 50 , 188 S.E. 435, 438 (1936). 2006The defendant does not have to wait until his adversary is on equal footing in order to act; "he has the right to act under the law of self-preservation and prevent his [adversary from] getting the drop on him." State v. Starnes, 340 S.C. 312, 322 , 531 S.E.2d 907, 913 (2000); Hendrix, 270 S.C. at 660 , 244 S.E.2d at 507 ; State v. Rash, 182 S.C. 42, 50 , 188 S.E. 435, 438 (1936). | 1 | 1 |
Cartrette v. Stategreen2 sentences2001See e.g., State v. Rocheville, 310 S.C. 20 , 425 S.E.2d 32 (1993) (where trial record is silent on waiver of right to address jury in guilt phase, issue may be fully explored at PCR to determine whether defendant was adequately informed of right but chose to waive it for strategic reasons); see also Cartrette v. State, 323 S.C. 15 , 448 S.E.2d 553 (1994). *579 In State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991), this Court agreed to abolish the doctrine of in favorem vitae because, among other things, the adoption of the Uniform Post Conviction Relief Act 14 in 1969 and the revitalizatio 2001See e.g., State v. Rocheville, 310 S.C. 20 , 425 S.E.2d 32 (1993) (where trial record is silent on waiver of right to address jury in guilt phase, issue may be fully explored at PCR to determine whether defendant was adequately informed of right but chose to waive it for strategic reasons); see also Cartrette v. State, 323 S.C. 15 , 448 S.E.2d 553 (1994). *579 In State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991), this Court agreed to abolish the doctrine of in favorem vitae because, among other things, the adoption of the Uniform Post Conviction Relief Act 14 in 1969 and the revitalizatio | 1 | 1 |
State v. Rochevillegreen2 sentences2001See e.g., State v. Rocheville, 310 S.C. 20 , 425 S.E.2d 32 (1993) (where trial record is silent on waiver of right to address jury in guilt phase, issue may be fully explored at PCR to determine whether defendant was adequately informed of right but chose to waive it for strategic reasons); see also Cartrette v. State, 323 S.C. 15 , 448 S.E.2d 553 (1994). *579 In State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991), this Court agreed to abolish the doctrine of in favorem vitae because, among other things, the adoption of the Uniform Post Conviction Relief Act 14 in 1969 and the revitalizatio 2001See e.g., State v. Rocheville, 310 S.C. 20 , 425 S.E.2d 32 (1993) (where trial record is silent on waiver of right to address jury in guilt phase, issue may be fully explored at PCR to determine whether defendant was adequately informed of right but chose to waive it for strategic reasons); see also Cartrette v. State, 323 S.C. 15 , 448 S.E.2d 553 (1994). *579 In State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991), this Court agreed to abolish the doctrine of in favorem vitae because, among other things, the adoption of the Uniform Post Conviction Relief Act 14 in 1969 and the revitalizatio | 1 | 1 |
State v. Boonegreen2 sentences1993State v. Riddle, 291 S.C. 232, 235 , 353 S.E.2d 138, 140 (1987) ("Under the doctrine of in favorem vitae [,] we have a duty to search the record for prejudicial error committed by the trial court. "), overruled on other grounds by Torrence, supra ; State v. Boone, 228 S.C. 438, 447 , 90 S.E.2d 640, 644 (1955) ("[I]n keeping with our invariable rule of in favorem vitae, ... [we] have combed the record for prejudicial error, disregarding whether or not it may have been made the basis of exception or question."), overruled on other grounds by Torrence, supra . 1993State v. Riddle, 291 S.C. 232, 235 , 353 S.E.2d 138, 140 (1987) ("Under the doctrine of in favorem vitae [,] we have a duty to search the record for prejudicial error committed by the trial court. "), overruled on other grounds by Torrence, supra ; State v. Boone, 228 S.C. 438, 447 , 90 S.E.2d 640, 644 (1955) ("[I]n keeping with our invariable rule of in favorem vitae, ... [we] have combed the record for prejudicial error, disregarding whether or not it may have been made the basis of exception or question."), overruled on other grounds by Torrence, supra . | 1 | 1 |
State v. Adamsgreen1 sentence1986See generally State v. Adams, 279 S. C. 228, 306 S. E. (2d) 208 (1983); State v. Goolsby, 275 S. C. 110, 268 S. E. (2d) 31 , cert. denied, 449 U. S. 1037 , 101 S. Ct. 616 , 66 L. | 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 |
|---|---|---|
State v. Cain
neutral
2 sentences2006In State v. Cain, 246 S.C. 536 , 144 S.E.2d 905 (1965), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae), Hershel Cain was convicted of murder and sentenced to death. 2006In State v. Cain, 246 S.C. 536 , 144 S.E.2d 905 (1965), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae), Hershel Cain was convicted of murder and sentenced to death. | 1 | 2006–2006 |
State v. Fuller
green
2 sentences2006Fuller, 297 S.C. at 444 , 377 S.E.2d at 331 ; State v. Harvey, 220 S.C. 506, 518 , 68 S.E.2d 409, 414 (1951), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae); State v. Mason, 115 S.C. 214, 217 , 105 S.E. 286, 286 (1920) ("Words accompanied by hostile acts may, according to the circumstances, not only reduce a killing from murder to manslaughter, but may establish the plea of self-defense."). 2006Fuller, 297 S.C. at 444 , 377 S.E.2d at 331 ; State v. Harvey, 220 S.C. 506, 518 , 68 S.E.2d 409, 414 (1951), overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae); State v. Mason, 115 S.C. 214, 217 , 105 S.E. 286, 286 (1920) ("Words accompanied by hostile acts may, according to the circumstances, not only reduce a killing from murder to manslaughter, but may establish the plea of self-defense."). | 1 | 2006–2006 |
State v. Hendrix
green
2 sentences2006The defendant does not have to wait until his adversary is on equal footing in order to act; "he has the right to act under the law of self-preservation and prevent his [adversary from] getting the drop on him." State v. Starnes, 340 S.C. 312, 322 , 531 S.E.2d 907, 913 (2000); Hendrix, 270 S.C. at 660 , 244 S.E.2d at 507 ; State v. Rash, 182 S.C. 42, 50 , 188 S.E. 435, 438 (1936). 2006The defendant does not have to wait until his adversary is on equal footing in order to act; "he has the right to act under the law of self-preservation and prevent his [adversary from] getting the drop on him." State v. Starnes, 340 S.C. 312, 322 , 531 S.E.2d 907, 913 (2000); Hendrix, 270 S.C. at 660 , 244 S.E.2d at 507 ; State v. Rash, 182 S.C. 42, 50 , 188 S.E. 435, 438 (1936). | 1 | 2006–2006 |
State v. Thomas
red
2 sentences2004In State v. Thomas, 248 S.C. 573 , 151 S.E.2d 855 (1966) overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae), the defendant was convicted of rape. 2004In State v. Thomas, 248 S.C. 573 , 151 S.E.2d 855 (1966) overruled on other grounds by State v. Torrence, 305 S.C. 45 , 406 S.E.2d 315 (1991) (abrogating the doctrine of in favorem vitae), the defendant was convicted of rape. | 1 | 2004–2004 |
Humbert v. State
green
2 sentences2001Humbert v. State, 345 S.C. 332 , 548 S.E.2d 862 (2001)(Shearouse Adv. 2001Humbert v. State, 345 S.C. 332 , 548 S.E.2d 862 (2001)(Shearouse Adv. | 1 | 2001–2001 |
Toledo, St. Louis & Kansas City Railroad v. Continental Trust Co.
green
2 sentences1995State v. Jefcoat, 20 S.C. 383 (1884); State v. Trezevant, 20 S.C. 363 (1884); see also State v. Washington, 1 S.C. 1995State v. Jefcoat, 20 S.C. 383 (1884); State v. Trezevant, 20 S.C. 363 (1884); see also State v. Washington, 1 S.C.Law ( 1 Bay 120 ) 49 (1791). | 1 | 1995–1995 |
LACKAWANNA & C. CO. v. FARMERS'LOAN & C. CO.
green
2 sentences1995State v. Jefcoat, 20 S.C. 383 (1884); State v. Trezevant, 20 S.C. 363 (1884); see also State v. Washington, 1 S.C. 1995State v. Jefcoat, 20 S.C. 383 (1884); State v. Trezevant, 20 S.C. 363 (1884); see also State v. Washington, 1 S.C.Law ( 1 Bay 120 ) 49 (1791). | 1 | 1995–1995 |
State v. Briggs
neutral
1 sentence1991State v. Briggs , 3 S.C.L. 8 (1 Brev.) (1794). | 1 | 1991–1991 |
Furman v. Georgia
green
2 sentences1991However, I write separately for the majority of this Court for the purpose of expressing our abolition of the outdated doctrine of in favorem vitae. [9] This doctrine served a useful function for many years, but today, in light of advances in the quality of legal representation; in light of the many protections and avenues of relief available to criminal defendants; and in light of the modern day restricted use of capital punishment post Furman v. Georgia , 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed. (2d) 346 (1972), the doctrine has become counterproductive to the administration of justice in som 1991However, I write separately for the majority of this Court for the purpose of expressing our abolition of the outdated doctrine of in favorem vitae. [9] This doctrine served a useful function for many years, but today, in light of advances in the quality of legal representation; in light of the many protections and avenues of relief available to criminal defendants; and in light of the modern day restricted use of capital punishment post Furman v. Georgia , 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed. (2d) 346 (1972), the doctrine has become counterproductive to the administration of justice in som | 1 | 1991–1991 |
State v. Goolsby
green
1 sentence1986See generally State v. Adams, 279 S. C. 228, 306 S. E. (2d) 208 (1983); State v. Goolsby, 275 S. C. 110, 268 S. E. (2d) 31 , cert. denied, 449 U. S. 1037 , 101 S. Ct. 616 , 66 L. | 1 | 1986–1986 |
Blue v. Oklahoma
neutral
1 sentence1986See generally State v. Adams, 279 S. C. 228, 306 S. E. (2d) 208 (1983); State v. Goolsby, 275 S. C. 110, 268 S. E. (2d) 31 , cert. denied, 449 U. S. 1037 , 101 S. Ct. 616 , 66 L. | 1 | 1986–1986 |
Dillard v. Bordenkircher
green
1 sentence1986See generally State v. Adams, 279 S. C. 228, 306 S. E. (2d) 208 (1983); State v. Goolsby, 275 S. C. 110, 268 S. E. (2d) 31 , cert. denied, 449 U. S. 1037 , 101 S. Ct. 616 , 66 L. | 1 | 1986–1986 |
State v. Anderson
green
2 sentences1975We held in State v. Anderson , 253 S.C. 168 , 169 S.E. (2d) 706 , that this doctrine does not extend to cases in which a sentence of less than death is imposed. 1975We held in State v. Anderson , 253 S.C. 168 , 169 S.E. (2d) 706 , that this doctrine does not extend to cases in which a sentence of less than death is imposed. | 1 | 1975–1975 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.