10 South Carolina opinions name it 2 courts 1992–2023 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.
| Case | Followed | Cited |
|---|---|---|
Stalk v. Stategreen2 sentences2023To satisfy the second prong of the analysis of whether a guilty plea was improvidently accepted, the "defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Stalk v. State, 383 S.C. 559, 562 , 681 S.E.2d 592, 594 (2009) (quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)). "[A] defendant has the right to effective assistance of counsel during the plea-bargaining process." Davie v. State, 381 S.C. 601, 607 , 675 S.E.2d 416, 419 (2009), abrogated on other grounds by Smalls v. State, 422 2023To satisfy the second prong of the analysis of whether a guilty plea was improvidently accepted, the "defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Stalk v. State, 383 S.C. 559, 562 , 681 S.E.2d 592, 594 (2009) (quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)). "[A] defendant has the right to effective assistance of counsel during the plea-bargaining process." Davie v. State, 381 S.C. 601, 607 , 675 S.E.2d 416, 419 (2009), abrogated on other grounds by Smalls v. State, 422 | 2 | 2 |
Hill v. Lockhartgreen2 sentences2023To satisfy the second prong of the analysis of whether a guilty plea was improvidently accepted, the "defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Stalk v. State, 383 S.C. 559, 562 , 681 S.E.2d 592, 594 (2009) (quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)). "[A] defendant has the right to effective assistance of counsel during the plea-bargaining process." Davie v. State, 381 S.C. 601, 607 , 675 S.E.2d 416, 419 (2009), abrogated on other grounds by Smalls v. State, 422 2012To satisfy the second prong of the analysis in the context of an allegation that a guilty plea was improvidently accepted, the “ ‘defendant must show that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.’ ” Stalk v. State, 383 S.C. 559, 562 , 681 S.E.2d 592, 594 (2009) (quoting Hill v. Lockhart, 474 U.S. 52, 59 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985)). | 1 | 2 |
State v. Mooregreen2 sentences2007State v. Moore , 343 S.C. 282, 287 , 540 S.E.2d 445, 447-48 (2000). Although one-on-one show ups have been sharply criticized, and are inherently suggestive, the identification need not be excluded as long as under the circumstances the identification was reliable despite the suggestive procedure. 2007State v. Moore , 343 S.C. 282, 287 , 540 S.E.2d 445, 447-48 (2000). Although one-on-one show ups have been sharply criticized, and are inherently suggestive, the identification need not be excluded as long as under the circumstances the identification was reliable despite the suggestive procedure. | 1 | 2 |
Sturkie v. Siflygreen2 sentences1992Ray Flemming Fruit Company, 540 F. (2d) 681 (4th Cir. 1976) (applying South Carolina law) (the conclusion to disregard the corporate entity must involve a number of the eight factors); Sturkie, 280 S.C. at 458 , 313 S.E. (2d) at 318 (proof of the existence of a sufficient number of the eight factors warranted inquiry into the second prong of the test). 1992Ray Flemming Fruit Company, 540 F. (2d) 681 (4th Cir. 1976) (applying South Carolina law) (the conclusion to disregard the corporate entity must involve a number of the eight factors); Sturkie, 280 S.C. at 458 , 313 S.E. (2d) at 318 (proof of the existence of a sufficient number of the eight factors warranted inquiry into the second prong of the test). | 1 | 2 |
Taylor v. Stategreen2 sentences2023In a guilty plea context, the deficiency prong under Strickland "turns on whether the plea was voluntarily, knowingly, and intelligently entered." Taylor v. State, 404 S.C. 350, 360 , 745 S.E.2d 97, 102 (2013). 2023In a guilty plea context, the deficiency prong under Strickland "turns on whether the plea was voluntarily, knowingly, and intelligently entered." Taylor v. State, 404 S.C. 350, 360 , 745 S.E.2d 97, 102 (2013). | 1 | 1 |
Davie v. Stategreen2 sentences2023To satisfy the second prong of the analysis of whether a guilty plea was improvidently accepted, the "defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Stalk v. State, 383 S.C. 559, 562 , 681 S.E.2d 592, 594 (2009) (quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)). "[A] defendant has the right to effective assistance of counsel during the plea-bargaining process." Davie v. State, 381 S.C. 601, 607 , 675 S.E.2d 416, 419 (2009), abrogated on other grounds by Smalls v. State, 422 2023To satisfy the second prong of the analysis of whether a guilty plea was improvidently accepted, the "defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Stalk v. State, 383 S.C. 559, 562 , 681 S.E.2d 592, 594 (2009) (quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)). "[A] defendant has the right to effective assistance of counsel during the plea-bargaining process." Davie v. State, 381 S.C. 601, 607 , 675 S.E.2d 416, 419 (2009), abrogated on other grounds by Smalls v. State, 422 | 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 |
|---|---|---|
Carmax Auto Superstores West Coast, Inc. v. South Carolina Department of Revenue
neutral
2 sentences2014Id. at 612 , 725 S.E.2d at 715 . 8 We find the statutory language of section 12-6-2320(A) clearly evinces a two-part analysis, and we affirm the court of appeals in that respect. 2014Id. at 612 , 725 S.E.2d at 715 . 8 We find the statutory language of section 12-6-2320(A) clearly evinces a two-part analysis, and we affirm the court of appeals in that respect. | 2 | 2014–2014 |
Smalls v. State
green
2 sentences2023To satisfy the second prong of the analysis of whether a guilty plea was improvidently accepted, the "defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Stalk v. State, 383 S.C. 559, 562 , 681 S.E.2d 592, 594 (2009) (quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)). "[A] defendant has the right to effective assistance of counsel during the plea-bargaining process." Davie v. State, 381 S.C. 601, 607 , 675 S.E.2d 416, 419 (2009), abrogated on other grounds by Smalls v. State, 422 2023To satisfy the second prong of the analysis of whether a guilty plea was improvidently accepted, the "defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Stalk v. State, 383 S.C. 559, 562 , 681 S.E.2d 592, 594 (2009) (quoting Hill v. Lockhart, 474 U.S. 52, 59 (1985)). "[A] defendant has the right to effective assistance of counsel during the plea-bargaining process." Davie v. State, 381 S.C. 601, 607 , 675 S.E.2d 416, 419 (2009), abrogated on other grounds by Smalls v. State, 422 | 1 | 2023–2023 |
Strickland v. Washington
green
2 sentences2013Under the second prong of the analysis in Strickland , the PCR applicant “must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694 , 104 S.Ct. 2052 . 2013Under the second prong of the analysis in Strickland , the PCR applicant “must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694 , 104 S.Ct. 2052 . | 1 | 2013–2013 |
State v. Brazell
green
2 sentences2004Brazell, 325 S.C. at 72 , 480 S.E.2d at 68-69 . 2004Brazell, 325 S.C. at 72 , 480 S.E.2d at 68-69 . | 1 | 2004–2004 |
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.