Supreme Court of South Carolina· 3/21/2005

Dempsey v. State

Citations

610 S.E.2d 812
363 S.C. 365
2005 S.C. LEXIS 86

How courts have described this case

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

stating the Court will reverse the PCR court if no probative evidence exists to support the PCR court's findings
stating the Court will reverse the PCR court if no probative evidence exists to support the PCR court’s findings
holding a PCR applicant cannot show that he was prejudiced by counsel's failure to call a favorable witness to testify at trial if that witness does not later testify at the PCR hearing or otherwise offer testimony within the rules of evidence
noting a trial judge is required to charge the jury on a lesser included offense if there is any evidence from which it could be inferred the lesser, rather than the greater, offense was committed
finding a trial counsel’s decision not to call an expert witness to rebut the state’s expert witness was a legitimate trial strategy and holding the PCR court erred in granting relief on the basis that trial counsel was ineffective in failing to call an expert witness on child sexual abuse
A PCR court’s findings will be upheld on appeal if there is “any evidence of probative value sufficient to support them.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Toal, Moore, Waller, Burnett, Pleicones

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

13 cases in this archive are cited by this case.

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