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Supreme Court of South Carolina· 1/27/1997

Johnson v. State

Citations

  • 480 S.E.2d 733
  • 325 S.C. 182
  • 1997 S.C. LEXIS 27

How courts have described this case

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

  • holding that even assuming arguendo the comment was improper, the trial court’s instruction to the jury that it could not consider Johnson’s failure to testify in any way and could not use it against him was sufficient to cure any potential error
  • holding any potential errors in solicitor’s closing arguments were cured by trial court’s instruction to jury that it could not consider defendant’s failure to testify
  • holding even if the comment was improper, the trial court’s instruction that the jury could not consider the defendant’s failure to testify in any way and could not hold it against him was sufficient to cure any error
  • to show prejudice, applicant must show, but for counsel's errors, there is reasonable probability result of trial would have been different
  • to show prejudice, applicant must show, but for counsel’s errors, there is reasonable probability result of trial would have been different
  • prejudicial effect of question regarding post-arrest silence may be nullified by curative instruction if the jury is specifically told to disregard the evidence and not consider it for any purpose

Source: CourtListener parenthetical corpus (CC0).

Judges: Waller, Finney, Toal, Moore, Burnett

Read full opinion on CourtListener

Cited by

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

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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