6 South Carolina opinions name it 2 courts 1948–2007 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. Saltersgreen2 sentences1999Further, in the case relied on by Wasson, State v. Salters, 273 S.C. 501, 505 , 257 S.E.2d 502, 504 (1979), this Court specifically recognized that “[sjuch a protective measure is required only upon a reasonable showing of the potential prejudicial effect of the publicity.” Accordingly, we disagree *352 with the Court of Appeals' assertion that case law has generally applied a presumption of prejudice analysis to improper jury influences. 3 . 1999Further, in the case relied on by Wasson, State v. Salters, 273 S.C. 501, 505 , 257 S.E.2d 502, 504 (1979), this Court specifically recognized that “[sjuch a protective measure is required only upon a reasonable showing of the potential prejudicial effect of the publicity.” Accordingly, we disagree *352 with the Court of Appeals' assertion that case law has generally applied a presumption of prejudice analysis to improper jury influences. 3 . | 1 | 1 |
Nichols v. Stategreen2 sentences1997See also, e.g., Nichols v. State, 591 N.E.2d 134 (Ind. 1992)(requiring special circumstantial evidence charge where the evidence presented at trial is solely circumstantial); State v. Captville, 448 So.2d 676 (La. 1984)(quoting Louisiana statute giving defendant the right in cases involving circumstantial evidence to a special circumstantial evidence charge stating that each element of the offense has been established beyond a reasonable doubt and to the exclusion of every reasonable hypothesis consistent with innocence). 1997See also, e.g., Nichols v. State, 591 N.E.2d 134 (Ind. 1992)(requiring special circumstantial evidence charge where the evidence presented at trial is solely circumstantial); State v. Captville, 448 So.2d 676 (La.1984)(quoting Louisiana statute giving defendant the right in cases involving circumstantial evidence to a special circumstantial evidence charge stating that each element of the offense has been established beyond a reasonable doubt and to the exclusion of every reasonable hypothesis consistent with innocence). | 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 |
|---|---|---|
Smith v. Whetstone
green
2 sentences1948Smith v. Whetstone , 209 S.C. 78 , 39 S.E.2d 127 . 1948Smith v. Whetstone , 209 S.C. 78 , 39 S.E.2d 127 . | 2 | 1948–1948 |
State v. Foust
green
2 sentences2007Id. 2007Id. | 1 | 2007–2007 |
State v. Captville
green
2 sentences1997See also, e.g., Nichols v. State, 591 N.E.2d 134 (Ind. 1992)(requiring special circumstantial evidence charge where the evidence presented at trial is solely circumstantial); State v. Captville, 448 So.2d 676 (La. 1984)(quoting Louisiana statute giving defendant the right in cases involving circumstantial evidence to a special circumstantial evidence charge stating that each element of the offense has been established beyond a reasonable doubt and to the exclusion of every reasonable hypothesis consistent with innocence). 1997See also, e.g., Nichols v. State, 591 N.E.2d 134 (Ind. 1992)(requiring special circumstantial evidence charge where the evidence presented at trial is solely circumstantial); State v. Captville, 448 So.2d 676 (La.1984)(quoting Louisiana statute giving defendant the right in cases involving circumstantial evidence to a special circumstantial evidence charge stating that each element of the offense has been established beyond a reasonable doubt and to the exclusion of every reasonable hypothesis consistent with innocence). | 1 | 1997–1997 |
State v. Nelson
green
2 sentences1997The court acknowledged such an instruction "may force a jury to think carefully about its choices of inferences," but found that "wholly appropriate where life or liberty nay turn on the inferences drawn," Id. 1997The court acknowledged such an instruction “may force a jury to think carefully about its choices of inferences,” but found that “wholly appropriate where life or liberty nay turn on the inferences drawn,” Id. | 1 | 1997–1997 |
Moore v. Moore
green
2 sentences1994The court then applied the four factors set forth in Moore v. Moore, 300 S.C. 75 , 386 S.E. (2d) 456 (1989) for determining a custody dispute between natural parents and a third party. 1994The court then applied the four factors set forth in Moore v. Moore, 300 S.C. 75 , 386 S.E. (2d) 456 (1989) for determining a custody dispute between natural parents and a third party. | 1 | 1994–1994 |
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.