legally spurious presumption (South Carolina) · Go Syfert
← South Carolina issues

legally spurious presumption in South Carolina

12 South Carolina opinions name it 2 courts 1939–2023 1 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 (4)

CaseFollowedCited
State v. Lylegreen
sc · 1923 · cited in 9 South Carolina opinions naming this issue, 1939–2023
2 sentences

2023A. Prior Bad Acts "Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith." Rule 404(b), SCRE; see also State v. Lyle, 125 S.C. 406, 417 , 118 S.E. 803, 807 (1923) (indicating that the admission of prior bad acts creates propensity evidence that has "the inevitable tendency . . . to raise a legally spurious presumption of guilt in the minds of the jurors").

2023A. Prior Bad Acts "Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith." Rule 404(b), SCRE; see also State v. Lyle, 125 S.C. 406, 417 , 118 S.E. 803, 807 (1923) (indicating that the admission of prior bad acts creates propensity evidence that has "the inevitable tendency . . . to raise a legally spurious presumption of guilt in the minds of the jurors").

39
State v. Riversgreen
sc · 1979 · cited in 3 South Carolina opinions naming this issue, 1979–2001
2 sentences

2001Recently, in State v. Rivers, [ 273 S.C. 75 ], 254 S.E.2d 299 [(1979) ], this Court quoted approvingly the following language from State v. Lyle, 125 S.C. 406, 417 , 118 S.E. 803 (1923): "Whether the requisite degree of relevancy exists is a judicial question to be resolved in the light of the consideration that the inevitable tendency of such evidence is to raise a legally spurious presumption of guilt in the minds of the jurors.

2001Recently, in State v. Rivers, [ 273 S.C. 75 ], 254 S.E.2d 299 [(1979) ], this Court quoted approvingly the following language from State v. Lyle, 125 S.C. 406, 417 , 118 S.E. 803 (1923): "Whether the requisite degree of relevancy exists is a judicial question to be resolved in the light of the consideration that the inevitable tendency of such evidence is to raise a legally spurious presumption of guilt in the minds of the jurors.

13
State v. Wilsongreen
sc · 1980 · cited in 3 South Carolina opinions naming this issue, 1986–1995
2 sentences

1992“The inevitable tendency of such evidence is to raise a legally spurious presumption of guilt in the minds of the jurors.” State v. Wilson, 274 S.C. 635, 637 , 266 S.E. (2d) 426, 427 (1980).

1992“The inevitable tendency of such evidence is to raise a legally spurious presumption of guilt in the minds of the jurors.” State v. Wilson, 274 S.C. 635, 637 , 266 S.E. (2d) 426, 427 (1980).

13
Jordan v. Waygreen
ga · 1975 · cited in 1 South Carolina opinions naming this issue, 1998–1998
1 sentence

1998Hence, if the Court does not clearly perceive the connection between the extraneous criminal transaction and the crime charged, that is, its logical relevancy, the accused should be given the benefit of the doubt, and the evidence should be rejected.”); State v. Davenport, 321 S.C. 134, 138-39 , 467 *220 S.E.2d 258, 261 (Ct.App.1996) (“We cannot clearly perceive the connection between the acts based on these criteria, and we therefore conclude Stephens’s testimony should have been excluded.”).

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 (3)

CaseCitedYears
State v. Davenport green
scctapp · 1996
1 sentence

1998Hence, if the Court does not clearly perceive the connection between the extraneous criminal transaction and the crime charged, that is, its logical relevancy, the accused should be given the benefit of the doubt, and the evidence should be rejected.”); State v. Davenport, 321 S.C. 134, 138-39 , 467 *220 S.E.2d 258, 261 (Ct.App.1996) (“We cannot clearly perceive the connection between the acts based on these criteria, and we therefore conclude Stephens’s testimony should have been excluded.”).

11998–1998
State v. McConnell green
sc · 1986
2 sentences

1996State v. McConnell, 290 S.C. 278 , 350 S.E. (2d) 179 (1986).

1996State v. McConnell, 290 S.C. 278 , 350 S.E. (2d) 179 (1986).

11996–1996
State v. Gore green
sc · 1984
2 sentences

1992“When, as here, the previous alleged bad act is strikingly similar to the one for which the [defendant] is being tried, the danger of prejudice is enhanced.” State v. Gore, 283 S.C. at 121 , 322 S.E. (2d) at 13 .

1992“When, as here, the previous alleged bad act is strikingly similar to the one for which the [defendant] is being tried, the danger of prejudice is enhanced.” State v. Gore, 283 S.C. at 121 , 322 S.E. (2d) at 13 .

11992–1992

Where else courts name it

MO 28 (1954–2025) NC 27 (1954–2025) SC 12 (1939–2023)

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.

← Caselaw search · G Cite Topics · Brief Check