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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 CourtListener

Cited by

11 cases in this archive cite this case.

Cites

7 cases in this archive are cited by this case.

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