Supreme Court of South Carolina· 6/20/1990
Butler v. State
Citations
- 397 S.E.2d 87
- 302 S.C. 466
- 1990 S.C. LEXIS 210
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- granting writ petition where facts involved were “shocking to the universal sense of justice”
- setting forth the habeas framework, the first requirement of which is a constitutional claim
- stating a court will normally only issue a habeas writ under limited circumstances, when there has been a violation that constitutes a denial of fundamental fairness shocking to the universal sense of justice
- stating a court will normally only issue a habeas writ under limited circumstances, when there has been a violation that constitutes a denial of fundamental fairness shocking to the universal sense of justice
- granting writ of habeas corpus based on identical comments; Court stated it had rejected in Pierce and Cooper the suggestion these types of comments could ever constitute harmless error and concluded the comments by the judge were erroneous, improper and contrary to South Carolina law
- writ of habeas corpus will issue where a violation, in the setting, constitutes denial of fundamental fairness shocking to universal sense of justice
Source: CourtListener parenthetical corpus (CC0).
Cited by
27 cases in this archive cite this case; the 20 most cited are listed.
- State v. TorrenceSupreme Court of South Carolina· 1991-05-20· cited 352×
- Aice v. StateSupreme Court of South Carolina· 1991-09-09· cited 71×
- Gibson v. StateSupreme Court of South Carolina· 1998-01-12· cited 41×
- State v. McWeeSupreme Court of South Carolina· 1996-06-10· cited 41×
- Drayton v. EvattSupreme Court of South Carolina· 1993-05-10· cited 41×
- Franklin v. CatoeSupreme Court of South Carolina· 2001-08-27· cited 33×
- Tucker v. CatoeSupreme Court of South Carolina· 2001-07-23· cited 29×
- Simpson v. StateSupreme Court of South Carolina· 1998-01-12· cited 29×
- Green v. MaynardSupreme Court of South Carolina· 2002-05-06· cited 22×
- Wilson v. MooreFourth Circuit· 1999-05-25· cited 22×
- State v. WrightSupreme Court of South Carolina· 1991-05-28· cited 15×
- In the Matter of Jeffrey Allen ChapmanSupreme Court of South Carolina· 2017-02-15· cited 14×
- State v. CrispSupreme Court of South Carolina· 2005-01-24· cited 13×
- Hunter v. StateSupreme Court of South Carolina· 1994-07-05· cited 9×
- McWee v. StateSupreme Court of South Carolina· 2004-01-27· cited 9×
- Williams v. OzmintSupreme Court of South Carolina· 2008-12-22· cited 8×
- Johnson v. CatoeSupreme Court of South Carolina· 2001-06-11· cited 7×
- Robertson v. StateSupreme Court of South Carolina· 2016-12-14· cited 7×
- Pennington v. StateSupreme Court of South Carolina· 1994-02-07· cited 5×
- State v. OwensSupreme Court of South Carolina· 2004-12-20· cited 5×
Cites
12 cases in this archive are cited by this case.
- Uveges v. PennsylvaniaSupreme Court· 1948-12-13· cited 278×
- Walker v. WainwrightSupreme Court· 1968-04-22· cited 103×
- Butler v. StateSupreme Court of South Carolina· 1985-08-27· cited 103×
- Wright v. FloridaSupreme Court· 1986-01-21· cited 64×
- State v. ButlerSupreme Court of South Carolina· 1982-02-22· cited 49×
- State v. PierceSupreme Court of South Carolina· 1986-07-21· cited 36×
- Pearlie Simmons v. Sea-Land Services, Inc.Supreme Court· 1982-10-12· cited 28×
- Butler v. South CarolinaSupreme Court· 1982-10-18· cited 28×
- State v. CooperSupreme Court of South Carolina· 1986-11-17· cited 28×
- State v. MillerNew Jersey Superior Court App Division· 1951-11-07· cited 27×
- State v. GunterSupreme Court of South Carolina· 1985-10-02· cited 15×
- State v. ArthurSupreme Court of South Carolina· 1988-11-14· cited 12×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.