Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 South Carolina opinions name it 2 courts 1989–2007 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. Haiglergreen2 sentences2007State v. Haigler , 334 S.C. 623, 629 , 515 S.E.2d 88, 91 (1999). “In deciding whether the opponent of a strike has carried the burden of persuasion, a court must undertake a sensitive inquiry into the circumstantial and direct evidence of intent.” Id. “The trial judge’s findings of purposeful discrimination rest largely on his evaluation of demeanor and credibility.” Shuler , 344 S.C. at 615 , 545 S.E.2d at 810 . “Often the demeanor of the challenged attorney will be the best and only evidence of discrimination, and ‘evaluation of the prosecutor’s mind lies peculiarly within a trial judge’s pr 2007State v. Haigler , 334 S.C. 623, 629 , 515 S.E.2d 88, 91 (1999). “In deciding whether the opponent of a strike has carried the burden of persuasion, a court must undertake a sensitive inquiry into the circumstantial and direct evidence of intent.” Id. “The trial judge’s findings of purposeful discrimination rest largely on his evaluation of demeanor and credibility.” Shuler , 344 S.C. at 615 , 545 S.E.2d at 810 . “Often the demeanor of the challenged attorney will be the best and only evidence of discrimination, and ‘evaluation of the prosecutor’s mind lies peculiarly within a trial judge’s pr | 1 | 4 |
State v. Adamsgreen2 sentences2005State v. Adams , 322 S.C. 114, 124 , 470 S.E.2d 366, 372 (1996). “In deciding whether the opponent of a strike has carried the burden of persuasion, a court must undertake a sensitive inquiry into the circumstantial and direct evidence of intent.” Haigler , 334 S.C. at 629 , 515 S.E.2d at 91 . “A strike must be examined in light of the circumstances under which it is exercised, including an examination of the explanations offered for other strikes.” Id. 2005State v. Adams , 322 S.C. 114, 124 , 470 S.E.2d 366, 372 (1996). “In deciding whether the opponent of a strike has carried the burden of persuasion, a court must undertake a sensitive inquiry into the circumstantial and direct evidence of intent.” Haigler , 334 S.C. at 629 , 515 S.E.2d at 91 . “A strike must be examined in light of the circumstances under which it is exercised, including an examination of the explanations offered for other strikes.” Id. | 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 |
|---|---|---|
Hernandez v. New York
green
2 sentences2007State v. Haigler , 334 S.C. 623, 629 , 515 S.E.2d 88, 91 (1999). “In deciding whether the opponent of a strike has carried the burden of persuasion, a court must undertake a sensitive inquiry into the circumstantial and direct evidence of intent.” Id. “The trial judge’s findings of purposeful discrimination rest largely on his evaluation of demeanor and credibility.” Shuler , 344 S.C. at 615 , 545 S.E.2d at 810 . “Often the demeanor of the challenged attorney will be the best and only evidence of discrimination, and ‘evaluation of the prosecutor’s mind lies peculiarly within a trial judge’s pr 2007State v. Haigler , 334 S.C. 623, 629 , 515 S.E.2d 88, 91 (1999). “In deciding whether the opponent of a strike has carried the burden of persuasion, a court must undertake a sensitive inquiry into the circumstantial and direct evidence of intent.” Id. “The trial judge’s findings of purposeful discrimination rest largely on his evaluation of demeanor and credibility.” Shuler , 344 S.C. at 615 , 545 S.E.2d at 810 . “Often the demeanor of the challenged attorney will be the best and only evidence of discrimination, and ‘evaluation of the prosecutor’s mind lies peculiarly within a trial judge’s pr | 1 | 2007–2007 |
State v. Shuler
green
2 sentences2007State v. Haigler , 334 S.C. 623, 629 , 515 S.E.2d 88, 91 (1999). “In deciding whether the opponent of a strike has carried the burden of persuasion, a court must undertake a sensitive inquiry into the circumstantial and direct evidence of intent.” Id. “The trial judge’s findings of purposeful discrimination rest largely on his evaluation of demeanor and credibility.” Shuler , 344 S.C. at 615 , 545 S.E.2d at 810 . “Often the demeanor of the challenged attorney will be the best and only evidence of discrimination, and ‘evaluation of the prosecutor’s mind lies peculiarly within a trial judge’s pr 2007State v. Haigler , 334 S.C. 623, 629 , 515 S.E.2d 88, 91 (1999). “In deciding whether the opponent of a strike has carried the burden of persuasion, a court must undertake a sensitive inquiry into the circumstantial and direct evidence of intent.” Id. “The trial judge’s findings of purposeful discrimination rest largely on his evaluation of demeanor and credibility.” Shuler , 344 S.C. at 615 , 545 S.E.2d at 810 . “Often the demeanor of the challenged attorney will be the best and only evidence of discrimination, and ‘evaluation of the prosecutor’s mind lies peculiarly within a trial judge’s pr | 1 | 2007–2007 |
Village of Arlington Heights v. Metropolitan Housing Development Corp.
green
2 sentences2000Arlington Heights, 429 U.S. at 266 , 97 S.Ct. 555 . 2000Arlington Heights, 429 U.S. at 266 , 97 S.Ct. 555 . | 1 | 2000–2000 |
Batson v. Kentucky
green
2 sentences1989“In deciding if the defendant has carried his burden of persuasion, a court must undertake a sensitive inquiry into such circumstantial and direct evidence of intent as may be available.” Batson, 476 U. S. at 93 , 106 S. Ct. at 1721 , 90 L. 1989“In deciding if the defendant has carried his burden of persuasion, a court must undertake a sensitive inquiry into such circumstantial and direct evidence of intent as may be available.” Batson, 476 U. S. at 93 , 106 S. Ct. at 1721 , 90 L. | 1 | 1989–1989 |
State v. Oglesby
green
2 sentences1989In State v. Jones, supra , we recognized that the defendant is entitled to rely on the fact that peremptory challenges permit "those to discriminate who are of a mind to discriminate." In accord, we recently said in State v. Oglesby , 298 S.C. 279 , 379 S.E. (2d) 891 (1989), "[I]n deciding if the defendant has carried his burden of persuasion, a court must undertake a sensitive inquiry into such circumstantial and direct evidence of intent as may be available." Being fully familiar with the record and cognizant of the discretion afforded trial judges, I find that appellant did, indeed, raise a 1989In State v. Jones, supra , we recognized that the defendant is entitled to rely on the fact that peremptory challenges permit "those to discriminate who are of a mind to discriminate." In accord, we recently said in State v. Oglesby , 298 S.C. 279 , 379 S.E. (2d) 891 (1989), "[I]n deciding if the defendant has carried his burden of persuasion, a court must undertake a sensitive inquiry into such circumstantial and direct evidence of intent as may be available." Being fully familiar with the record and cognizant of the discretion afforded trial judges, I find that appellant did, indeed, raise a | 1 | 1989–1989 |
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.