Bannister v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting our courts have “repeatedly held a PCR applicant must produce the testimony of a favorable witness or otherwise offer the testimony in accordance with the rules of evidence at the PCR hearing in order to establish prejudice from the witness’ failure to testify at trial”
• noting our courts have “repeatedly held a PCR applicant must produce the testimony of a favorable witness or otherwise offer the testimony in accordance with the rules of evidence at the PCR hearing in order to establish prejudice from the witness’ failure to testify at trial’’
• the applicant has the burden of proving the allegations of the PCR petition
• PCR judge’s ruling will be reversed if not supported by any evidence
• \[A] PCR applicant must produce the testimony of a favorable witness or otherwise offer the testimony in accordance with the rules of evidence at the PCR hearing in order to establish prejudice from the witness' failure to testify at trial.\
• \[A] PCR applicant must produce the testimony of a favorable witness or otherwise offer the testimony in accordance with the rules of evidence at the PCR hearing in order to establish prejudice from the witness' failure to testify at trial.\ (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Cited by

12 cases in this archive cite this case.

• Smith v. State
  Supreme Court of South Carolina· 2010-02-16· cited 59×
• Ard v. Catoe
  Supreme Court of South Carolina· 2007-03-05· cited 59×
• Porter v. State
  Supreme Court of South Carolina· 2006-05-01· cited 34×
• Morris v. State
  Supreme Court of South Carolina· 2006-12-11· cited 16×
• Lounds v. State
  Supreme Court of South Carolina· 2008-12-15· cited 15×
• Charles Vandross v. Bryan Stirling
  Fourth Circuit· 2021-01-26· cited 15×
• Bennett v. State
  Supreme Court of South Carolina· 2006-11-27· cited 10×
• Dalton v. State
  Court of Appeals of South Carolina· 2007-12-18· cited 5×
• Bailey v. Bazzle
  D. South Carolina· 2008-09-30· cited 3×
• Stalk v. State
  Court of Appeals of South Carolina· 2007-10-05· cited 2×
• Smith v. State
  Court of Appeals of South Carolina· 2012-02-08· cited 1×
• Mayo v. State
  Supreme Court of South Carolina· 2001-12-03

Cites

11 cases in this archive are cited by this case.

• Strickland v. Washington
  Supreme Court· 1984-06-25· cited 123,578×
• Cherry v. State
  Supreme Court of South Carolina· 1989-12-04· cited 215×
• Butler v. State
  Supreme Court of South Carolina· 1985-08-27· cited 103×
• Johnson v. State
  Supreme Court of South Carolina· 1997-01-27· cited 82×
• Wright v. Florida
  Supreme Court· 1986-01-21· cited 64×
• State v. Butler
  Supreme Court of South Carolina· 1982-02-22· cited 49×
• Glover v. State
  Supreme Court of South Carolina· 1995-06-19· cited 42×
• Jackson v. State
  Supreme Court of South Carolina· 1998-01-19· cited 27×
• Underwood v. State
  Supreme Court of South Carolina· 1992-12-07· cited 19×
• Pauling v. State
  Supreme Court of South Carolina· 1998-07-13· cited 17×
• State v. Frank
  Supreme Court of South Carolina· 1974-06-06· cited 15×