Supreme Court of South Carolina· 7/12/1993
Clark v. State
Citations
- 434 S.E.2d 266
- 315 S.C. 385
- 1993 S.C. LEXIS 152
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- pure conjecture as to what a witness’s testimony would have been is not sufficient to show a reasonable probability the result at trial would have been different
- pure conjecture as to what a witness's testimony would have been is not sufficient to show a reasonable probability the result at trial would have been different
- “[P]ure conjecture” about how an expert witness would testify is not sufficient “to establish the result would probably change if a new trial is had”
- “Impeachment or exculpatory evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.”
- “[E]xculpatory evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.”
- this Court will reverse the grant of PCR based upon after-discovered evidence where movant must fails to demonstrate the evidence: (1) is such that it would probably change the result if a new trial were granted; (2) has been discovered since the trial; (3
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Harwell, Chandler, Finney, Toal
Read full opinion on CourtListenerCited by
11 cases in this archive cite this case.
- State v. Von DohlenSupreme Court of South Carolina· 1996-05-28· cited 85×
- State v. TaylorSupreme Court of South Carolina· 1998-11-23· cited 71×
- Glover v. StateSupreme Court of South Carolina· 1995-06-19· cited 42×
- Jamison v. StateSupreme Court of South Carolina· 2014-10-22· cited 29×
- State v. SalisburyCourt of Appeals of South Carolina· 1998-02-17· cited 17×
- Charles Vandross v. Bryan StirlingFourth Circuit· 2021-01-26· cited 15×
- McCoy v. StateSupreme Court of South Carolina· 2013-02-06· cited 13×
- Smith v. StateSupreme Court of South Carolina· 2007-12-10· cited 10×
- State v. GillCourt of Appeals of South Carolina· 1995-07-17· cited 10×
- Jamison v. CohenD. South Carolina· 2016-09-30· cited 1×
- State v. BlandCourt of Appeals of South Carolina· 2012-07-18
Cites
7 cases in this archive are cited by this case.
- Brady v. MarylandSupreme Court· 1963-05-13· cited 33,902×
- United States v. BagleySupreme Court· 1985-07-02· cited 8,539×
- Pennsylvania v. RitchieSupreme Court· 1987-02-24· cited 2,521×
- State v. BryantSupreme Court of South Carolina· 1992-04-22· cited 23×
- State v. CaskeySupreme Court of South Carolina· 1979-06-11· cited 18×
- State v. SouthSupreme Court of South Carolina· 1993-02-22· cited 14×
- Hayden v. StateSupreme Court of South Carolina· 1983-01-26· cited 9×
Sourced from CourtListener / Free Law Project (CC0).
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