Davis v. State

How courts have described this case

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

• holding it was impermissible for a sentencing court to consider the exercise of the right to trial in pronouncing sentence
• holding the trial judge abused his discretion by considering the fact that the defendant exercised his right to a jury trial in sentencing the defendant
• holding counsel was ineffective in failing to object when the trial judge indicated the reason he sentenced Davis more harshly than two similarly-situated offenders who, unlike Davis, had pled guilty was because those offenders admitted their guilt
• disapproving the trial judge's statements regarding other defendants' guilty pleas and admissions of guilt
• disapproving the trial judge’s statements regarding other defendants’ guilty pleas and admissions of guilt
• finding trial court's sentencing rationale impermissible, despite fact that court concluded comments by stating \and when a fellow wants a trial [—] which he's entitled to as a matter of law—[ ] that's fine\

Source: CourtListener parenthetical corpus (CC0).

Cited by

4 cases in this archive cite this case.

• Allegro, Inc. v. Scully
  Supreme Court of South Carolina· 2016-08-24· cited 28×
• State v. Follin
  Court of Appeals of South Carolina· 2002-10-28· cited 21×
• State v. Brouwer
  Court of Appeals of South Carolina· 2001-07-23· cited 11×
• Castro v. State
  Supreme Court of South Carolina· 2016-07-20· cited 2×

Cites

4 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×
• Jackson v. State
  Supreme Court of South Carolina· 1998-01-19· cited 27×
• State v. Hazel
  Supreme Court of South Carolina· 1995-01-23· cited 15×