Brady disclosure rule (South Carolina) · Go Syfert
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Brady disclosure rule in South Carolina

12 South Carolina opinions name it 2 courts 2001–2026 2 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 (9)

CaseFollowedCited
State v. Andersongreen
scctapp · 2014 · cited in 4 South Carolina opinions naming this issue, 2015–2025
2 sentences

2025"The Brady disclosure rule requires the prosecution to provide the defendant with any evidence in the prosecution's possession that may be favorable to the accused and material to guilt or punishment." State v. Anderson, 407 S.C. 278, 286 , 754 S.E.2d 905, 909 (Ct. App. 2014).

2025"The Brady disclosure rule requires the prosecution to provide the defendant with any evidence in the prosecution's possession that may be favorable to the accused and material to guilt or punishment." State v. Anderson, 407 S.C. 278, 286 , 754 S.E.2d 905, 909 (Ct. App. 2014).

34
State v. Kennerlygreen
scctapp · 1998 · cited in 3 South Carolina opinions naming this issue, 2004–2026
2 sentences

2026See State v. Kennerly, 331 S.C. 442, 452 , 503 S.E.2d 214 , 219‑20 (Ct. App. 1998), aff'd, 337 S.C. 617 , 524 S.E.2d 837 (1999) ("The Brady disclosure rule is grounded in the defendant's fundamental right to a fair trial mandated by the Due Process Clause of the Fifth and Fourteenth Amendments.").

2026See State v. Kennerly, 331 S.C. 442, 452 , 503 S.E.2d 214 , 219‑20 (Ct. App. 1998), aff'd, 337 S.C. 617 , 524 S.E.2d 837 (1999) ("The Brady disclosure rule is grounded in the defendant's fundamental right to a fair trial mandated by the Due Process Clause of the Fifth and Fourteenth Amendments.").

33
Hyman v. Stategreen
sc · 2012 · cited in 2 South Carolina opinions naming this issue, 2014–2015
2 sentences

2015“The Brady disclosure rule requires the prosecution to provide the defendant with any evidence in the prosecution’s possession that may be favorable to the accused and material to guilt or punishment.” State v. Anderson, 407 S.C. 278, 286 , 754 S.E.2d 905, 909 (Ct.App.2014) (citing Hyman v. State, 397 S.C. 35, 45 , 723 S.E.2d 375, 380 (2012)).

2015“The Brady disclosure rule requires the prosecution to provide the defendant with any evidence in the prosecution’s possession that may be favorable to the accused and material to guilt or punishment.” State v. Anderson, 407 S.C. 278, 286 , 754 S.E.2d 905, 909 (Ct.App.2014) (citing Hyman v. State, 397 S.C. 35, 45 , 723 S.E.2d 375, 380 (2012)).

22
State v. Kennerlygreen
sc · 1999 · cited in 3 South Carolina opinions naming this issue, 2001–2026
2 sentences

2026See State v. Kennerly, 331 S.C. 442, 452 , 503 S.E.2d 214 , 219‑20 (Ct. App. 1998), aff'd, 337 S.C. 617 , 524 S.E.2d 837 (1999) ("The Brady disclosure rule is grounded in the defendant's fundamental right to a fair trial mandated by the Due Process Clause of the Fifth and Fourteenth Amendments.").

2026See State v. Kennerly, 331 S.C. 442, 452 , 503 S.E.2d 214 , 219‑20 (Ct. App. 1998), aff'd, 337 S.C. 617 , 524 S.E.2d 837 (1999) ("The Brady disclosure rule is grounded in the defendant's fundamental right to a fair trial mandated by the Due Process Clause of the Fifth and Fourteenth Amendments.").

13
State v. Von Dohlenred
sc · 1996 · cited in 2 South Carolina opinions naming this issue, 2017–2019
2 sentences

2019"Impeachment or exculpatory evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." State v. Von Dohlen , 322 S.C. 234 , 241, 471 S.E.2d 689 , 693 (1996).

2019"Impeachment or exculpatory evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." State v. Von Dohlen , 322 S.C. 234 , 241, 471 S.E.2d 689 , 693 (1996).

12
Wilder Corp. v. Wilkegreen
sc · 1998 · cited in 1 South Carolina opinions naming this issue, 2019–2019
2 sentences

2019See Wilder Corp. v. Wilke, 330 S.C. 71, 76 , 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial judge to be preserved for appellate review.").

2019See Wilder Corp. v. Wilke, 330 S.C. 71, 76 , 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial judge to be preserved for appellate review.").

11
State v. Hillgreen
sc · 2006 · cited in 1 South Carolina opinions naming this issue, 2012–2012
2 sentences

2012In Gibson v. State, 334 S.C. 515, 524 , 514 S.E.2d 320, 324 (1999), we held that an applicant “may challenge the voluntary nature of his guilty plea in a PCR action by asserting an alleged Brady violation.” (citation omitted); see, e.g., State v. Hill, 368 S.C. 649, 657 , 630 S.E.2d 274, 279 (2006) (recognizing the Court’s extension of the Brady disclosure rule to guilty plea and sentencing procedures).

2012In Gibson v. State, 334 S.C. 515, 524 , 514 S.E.2d 320, 324 (1999), we held that an applicant “may challenge the voluntary nature of his guilty plea in a PCR action by asserting an alleged Brady violation.” (citation omitted); see, e.g., State v. Hill, 368 S.C. 649, 657 , 630 S.E.2d 274, 279 (2006) (recognizing the Court’s extension of the Brady disclosure rule to guilty plea and sentencing procedures).

11
Porter v. Statered
sc · 2006 · cited in 1 South Carolina opinions naming this issue, 2012–2012
2 sentences

2012“The Brady disclosure rule requires the prosecution to provide to the defendant any evidence in the prosecution’s possession that may be favorable to the accused and material to guilt or punishment.” Porter v. State, 368 S.C. 378, 384 , 629 S.E.2d 353, 356 (2006) (citation omitted).

2012“The Brady disclosure rule requires the prosecution to provide to the defendant any evidence in the prosecution’s possession that may be favorable to the accused and material to guilt or punishment.” Porter v. State, 368 S.C. 378, 384 , 629 S.E.2d 353, 356 (2006) (citation omitted).

11
Gibson v. Stategreen
sc · 1999 · cited in 1 South Carolina opinions naming this issue, 2012–2012
2 sentences

2012In Gibson v. State, 334 S.C. 515, 524 , 514 S.E.2d 320, 324 (1999), we held that an applicant “may challenge the voluntary nature of his guilty plea in a PCR action by asserting an alleged Brady violation.” (citation omitted); see, e.g., State v. Hill, 368 S.C. 649, 657 , 630 S.E.2d 274, 279 (2006) (recognizing the Court’s extension of the Brady disclosure rule to guilty plea and sentencing procedures).

2012In Gibson v. State, 334 S.C. 515, 524 , 514 S.E.2d 320, 324 (1999), we held that an applicant “may challenge the voluntary nature of his guilty plea in a PCR action by asserting an alleged Brady violation.” (citation omitted); see, e.g., State v. Hill, 368 S.C. 649, 657 , 630 S.E.2d 274, 279 (2006) (recognizing the Court’s extension of the Brady disclosure rule to guilty plea and sentencing procedures).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Brady v. Maryland green
scotus · 1963
2 sentences

2006State v. Kennerly, 331 S.C. 442, 452 , 503 S.E.2d 214, 220 (Ct.App.1998) (citing Brady v. Maryland, 373 U.S. 83, 87 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963)).

2006State v. Kennerly, 331 S.C. 442, 452 , 503 S.E.2d 214, 220 (Ct.App.1998) (citing Brady v. Maryland, 373 U.S. 83, 87 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963)).

12006–2006
Morrissey v. Brewer green
scotus · 1972
2 sentences

2004In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board.”); cf. Morrissey, 408 U.S. at 480 , 92 S.Ct. 2593 (“Supervision [in a parole case] is not directly by the court but by an administrative agency, which is sometimes an arm of the court and sometimes of the executive.”).

2004In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board.”); cf. Morrissey, 408 U.S. at 480 , 92 S.Ct. 2593 (“Supervision [in a parole case] is not directly by the court but by an administrative agency, which is sometimes an arm of the court and sometimes of the executive.”).

12004–2004

Where else courts name it

SC 12 (2001–2026) TN 8 (2014–2024) NJ 7 (1998–2025) CA 6 (1997–2023) OR 2 (2023–2023) DE 2 (1979–1987)

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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