requested charge is reversible error (South Carolina) · Go Syfert
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requested charge is reversible error in South Carolina

6 South Carolina opinions name it 2 courts 1994–2014 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.

Followed or applied (5)

CaseFollowedCited
Welch v. Epsteingreen
scctapp · 2000 · cited in 1 South Carolina opinions naming this issue, 2014–2014
2 sentences

2014See Welch v. Epstein, 342 S.C. 279, 311 , 536 S.E.2d 408, 425 (Ct. App. 2000) (stating that when reviewing a jury charge for error, the appellate court must review the charge as a whole considering evidence and issues presented); Daves v. Cleary, 355 S.C. 216, 224 , 584 S.E.2d 423, 427 (Ct. App. 2003) (providing the court's refusal to give a requested charge is reversible error only if the requesting party can show prejudice from the refusal).

2014See Welch v. Epstein, 342 S.C. 279, 311 , 536 S.E.2d 408, 425 (Ct. App. 2000) (stating that when reviewing a jury charge for error, the appellate court must review the charge as a whole considering evidence and issues presented); Daves v. Cleary, 355 S.C. 216, 224 , 584 S.E.2d 423, 427 (Ct. App. 2003) (providing the court's refusal to give a requested charge is reversible error only if the requesting party can show prejudice from the refusal).

11
Daves v. Clearygreen
scctapp · 2003 · cited in 1 South Carolina opinions naming this issue, 2014–2014
2 sentences

2014See Welch v. Epstein, 342 S.C. 279, 311 , 536 S.E.2d 408, 425 (Ct. App. 2000) (stating that when reviewing a jury charge for error, the appellate court must review the charge as a whole considering evidence and issues presented); Daves v. Cleary, 355 S.C. 216, 224 , 584 S.E.2d 423, 427 (Ct. App. 2003) (providing the court's refusal to give a requested charge is reversible error only if the requesting party can show prejudice from the refusal).

2014See Welch v. Epstein, 342 S.C. 279, 311 , 536 S.E.2d 408, 425 (Ct. App. 2000) (stating that when reviewing a jury charge for error, the appellate court must review the charge as a whole considering evidence and issues presented); Daves v. Cleary, 355 S.C. 216, 224 , 584 S.E.2d 423, 427 (Ct. App. 2003) (providing the court's refusal to give a requested charge is reversible error only if the requesting party can show prejudice from the refusal).

11
Eaddy v. Jackson Beauty Supply Co.green
sc · 1964 · cited in 1 South Carolina opinions naming this issue, 2012–2012
2 sentences

2012It is the court’s duty to instruct the jury on the law, and “[t]he jury ought not to be left to cut a way through the woods with no compass to guide it.” Collins-Plass Thayer Co. v. Hewlett, 109 S.C. 245, 253-54 , 95 S.E. 510, 513 (1918), cited in Eaddy v. Jackson Beauty Supply Co., 244 S.C. 256, 259 , 136 S.E.2d 297, 298 (1964).

2012It is the court’s duty to instruct the jury on the law, and “[t]he jury ought not to be left to cut a way through the woods with no compass to guide it.” Collins-Plass Thayer Co. v. Hewlett, 109 S.C. 245, 253-54 , 95 S.E. 510, 513 (1918), cited in Eaddy v. Jackson Beauty Supply Co., 244 S.C. 256, 259 , 136 S.E.2d 297, 298 (1964).

11
Collins-Plass Thayer Co. v. Hewlettgreen
· 1918 · cited in 1 South Carolina opinions naming this issue, 2012–2012
2 sentences

2012It is the court’s duty to instruct the jury on the law, and “[t]he jury ought not to be left to cut a way through the woods with no compass to guide it.” Collins-Plass Thayer Co. v. Hewlett, 109 S.C. 245, 253-54 , 95 S.E. 510, 513 (1918), cited in Eaddy v. Jackson Beauty Supply Co., 244 S.C. 256, 259 , 136 S.E.2d 297, 298 (1964).

2012It is the court’s duty to instruct the jury on the law, and “[t]he jury ought not to be left to cut a way through the woods with no compass to guide it.” Collins-Plass Thayer Co. v. Hewlett, 109 S.C. 245, 253-54 , 95 S.E. 510, 513 (1918), cited in Eaddy v. Jackson Beauty Supply Co., 244 S.C. 256, 259 , 136 S.E.2d 297, 298 (1964).

11
Fernanders v. MARKS CONST. OF SC, INC.green
scctapp · 1998 · cited in 1 South Carolina opinions naming this issue, 1998–1998
2 sentences

1998See also Fernanders v. Marks Constr. of South Carolina, Inc., 330 S.C. 470 , 499 S.E.2d 509 (Ct.App.1998) (a trial judge is required to charge only the current and correct law of South Carolina; ordinarily, a trial judge has a duty to give a requested instruction that correctly states the law applicable to the issues and evidence); Brawn v. Smalls, 325 S.C. 547 , 481 S.E.2d 444 (Ct.App.1997) (a trial judge is required to charge the current and correct law, and ordinarily has a duty to give a requested instruction that correctly states the law applicable to the issues and evidence; when general

1998See also Fernanders v. Marks Constr. of South Carolina, Inc., 330 S.C. 470 , 499 S.E.2d 509 (Ct.App.1998) (a trial judge is required to charge only the current and correct law of South Carolina; ordinarily, a trial judge has a duty to give a requested instruction that correctly states the law applicable to the issues and evidence); Brawn v. Smalls, 325 S.C. 547 , 481 S.E.2d 444 (Ct.App.1997) (a trial judge is required to charge the current and correct law, and ordinarily has a duty to give a requested instruction that correctly states the law applicable to the issues and evidence; when general

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 (5)

CaseCitedYears
Charles T. Jones v. Ridgely Communications Inc. green
sc · 1991
2 sentences

2000Id. at 555 , 481 S.E.2d at 449 (citing Jones v. Ridgely Communications, Inc., 304 S.C. 452 , 405 S.E.2d 402 (1991)); Burns v. South Carolina Comm’n for the Blind, 323 S.C. 77 , 448 S.E.2d 589 (Ct.App.1994).

2000Id. at 555 , 481 S.E.2d at 449 (citing Jones v. Ridgely Communications, Inc., 304 S.C. 452 , 405 S.E.2d 402 (1991)); Burns v. South Carolina Comm’n for the Blind, 323 S.C. 77 , 448 S.E.2d 589 (Ct.App.1994).

31994–2000
Burns v. South Carolina Commission for the Blind green
scctapp · 1994
2 sentences

2000Id. at 555 , 481 S.E.2d at 449 (citing Jones v. Ridgely Communications, Inc., 304 S.C. 452 , 405 S.E.2d 402 (1991)); Burns v. South Carolina Comm’n for the Blind, 323 S.C. 77 , 448 S.E.2d 589 (Ct.App.1994).

2000Id. at 555 , 481 S.E.2d at 449 (citing Jones v. Ridgely Communications, Inc., 304 S.C. 452 , 405 S.E.2d 402 (1991)); Burns v. South Carolina Comm’n for the Blind, 323 S.C. 77 , 448 S.E.2d 589 (Ct.App.1994).

21997–2000
Brown v. Smalls green
scctapp · 1997
2 sentences

1998See also Fernanders v. Marks Constr. of South Carolina, Inc., 330 S.C. 470 , 499 S.E.2d 509 (Ct.App.1998) (a trial judge is required to charge only the current and correct law of South Carolina; ordinarily, a trial judge has a duty to give a requested instruction that correctly states the law applicable to the issues and evidence); Brawn v. Smalls, 325 S.C. 547 , 481 S.E.2d 444 (Ct.App.1997) (a trial judge is required to charge the current and correct law, and ordinarily has a duty to give a requested instruction that correctly states the law applicable to the issues and evidence; when general

1998See also Fernanders v. Marks Constr. of South Carolina, Inc., 330 S.C. 470 , 499 S.E.2d 509 (Ct.App.1998) (a trial judge is required to charge only the current and correct law of South Carolina; ordinarily, a trial judge has a duty to give a requested instruction that correctly states the law applicable to the issues and evidence); Brawn v. Smalls, 325 S.C. 547 , 481 S.E.2d 444 (Ct.App.1997) (a trial judge is required to charge the current and correct law, and ordinarily has a duty to give a requested instruction that correctly states the law applicable to the issues and evidence; when general

21998–2000
Stokes ex rel. Estate of Stokes v. Spartanburg Regional Medical Center green
scctapp · 2006
2 sentences

2014Moreover, we find Stokes v. Spartanburg Regional Medical Ctr., 368 S.C. 515 , 629 S.E.2d 675 (Ct. App. 2006), distinguishable because in that case the evidence destroyed was medical records, subject to the rules of discovery, whereas here no evidence was presented that any medical record of the bowel was ever created or later destroyed.

2014Moreover, we find Stokes v. Spartanburg Regional Medical Ctr., 368 S.C. 515 , 629 S.E.2d 675 (Ct. App. 2006), distinguishable because in that case the evidence destroyed was medical records, subject to the rules of discovery, whereas here no evidence was presented that any medical record of the bowel was ever created or later destroyed.

12014–2014
Ross v. Paddy green
scctapp · 2000
1 sentence

2012“Moreover, when general instructions to the jury are insufficient to enable the jury to understand fully the law of the case and issues involved, a refusal to give a requested charge is reversible error.” Id.

12012–2012

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