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Lowry v. State

Citations

  • 657 S.E.2d 760
  • 376 S.C. 499
  • 2008 S.C. LEXIS 35

How courts have described this case

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

  • finding the fact that the improper charge occurred in a supplemental instruction relevant to the analysis due to the prominence of the charge
  • acknowledging the prominence of an erroneous charge when it arises in a supplemental instruction
  • granting post-conviction relief because the instruction did not tell the jury it may infer malice but that it must
  • noting the Due Process Clauses of the Fifth and Fourteenth Amendments \protect an accused against conviction unless the State supplies proof beyond a reasonable doubt of each element necessary to constitute the crime with which the accused is charged\
  • “From this perspective, in order to conclude that the error did not contribute to the verdict, the Court must ‘find that error unimportant in relation to everything else the jury considered on the issue in question, as revealed in the record.’ ”
  • applying a hybrid of the two standards

Source: CourtListener parenthetical corpus (CC0).

Judges: Toal, Moore, Waller, Pleicones, Beatty

Read full opinion on CourtListener

Cited by

14 cases in this archive cite this case.

Cites

24 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).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.