Smith v. State

How courts have described this case

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

• unless counsel gives erroneous advice, parole information is not a ground for collateral attack of a guilty plea
• defendant is entitled to PCR if counsel actively misinforms the defendant about parole eligibility and the defendant can prove he relied on the misinformation in deciding to plead guilty
• even though parole eligibility is a collateral consequence of sentencing, if the defendant’s attorney undertakes to advise the defendant about parole eligibility and gives erroneous advice, then the plea may be collaterally attacked

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• Knox v. State
  Supreme Court of South Carolina· 2000-04-24· cited 28×
• Roscoe v. State
  Supreme Court of South Carolina· 2001-04-30· cited 16×
• Randall v. State
  Supreme Court of South Carolina· 2004-01-12· cited 13×
• Frasier v. State
  Supreme Court of South Carolina· 2002-09-03· cited 8×
• People v. Sudduth
  Colorado Court of Appeals· 1999-08-19· cited 4×

Cites

8 cases in this archive are cited by this case.

• Boykin v. Alabama
  Supreme Court· 1969-06-02· cited 12,640×
• Brown v. State
  Supreme Court of South Carolina· 1991-12-09· cited 20×
• Dover v. State
  Supreme Court of South Carolina· 1991-05-06· cited 18×
• State v. Hazel
  Supreme Court of South Carolina· 1980-10-27· cited 17×
• Hinson v. State
  Supreme Court of South Carolina· 1989-03-06· cited 17×
• Griffin v. Martin
  Supreme Court of South Carolina· 1983-02-17· cited 10×
• Hunter v. State
  Supreme Court of South Carolina· 1994-07-05· cited 9×
• Simpson v. State
  Supreme Court of South Carolina· 1995-02-13· cited 8×