Supreme Court of South Carolina· 3/16/1992
State v. Evans
Citations
- 415 S.E.2d 816
- 307 S.C. 477
- 1992 S.C. LEXIS 73
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that in the absence of an indictment by the grand jury or a valid waiver of presentment of an indictment, the circuit court lacks jurisdiction over an offense
- finding this right is a personal privilege of the accused and is not jurisdictional; therefore, it can be waived
- valid indictment or waiver of presentment prerequisite for circuit court's subject matter jurisdiction
- valid indictment or waiver of presentment prerequisite for circuit court’s subject matter jurisdiction
- The trial courts determination of the voluntariness of a statement will not be disturbed unless so manifestly erroneous as to show an abuse of discretion amounting to an error of law.
- [I]n the absence of an indictment by the grand jury . . . or a valid waiver of presentment of indictment, the circuit court lacks subject matter jurisdiction over the offense.
Source: CourtListener parenthetical corpus (CC0).
Judges: Gregory, Per Curiam
Read full opinion on CourtListenerCited by
17 cases in this archive cite this case.
- State v. GentrySupreme Court of South Carolina· 2005-03-07· cited 229×
- State v. TaylorSupreme Court of South Carolina· 1998-11-23· cited 71×
- State v. WilliamsSupreme Court of South Carolina· 1996-03-18· cited 54×
- State v. BennettSupreme Court of South Carolina· 1997-12-01· cited 33×
- State v. KennedyCourt of Appeals of South Carolina· 1996-11-25· cited 23×
- State v. CrockerCourt of Appeals of South Carolina· 2005-10-31· cited 17×
- State v. ManningSupreme Court of South Carolina· 1997-12-29· cited 17×
- State v. YoungCourt of Appeals of South Carolina· 2005-05-02· cited 16×
- State v. BrisbonSupreme Court of South Carolina· 1996-08-19· cited 10×
- Odom v. StateSupreme Court of South Carolina· 2002-07-01· cited 9×
- Slack v. StateSupreme Court of South Carolina· 1993-04-12· cited 8×
- Thompson v. StateSupreme Court of South Carolina· 2004-01-27· cited 7×
- State v. WilkesCourt of Appeals of South Carolina· 2001-06-11· cited 6×
- State v. PerezSupreme Court of South Carolina· 1993-05-03· cited 6×
- State v. HookCourt of Appeals of South Carolina· 2001-12-17· cited 5×
- State v. JohnsonCourt of Appeals of South Carolina· 2021-01-13
- State v. Russell Levon JohnsonSupreme Court of South Carolina· 2023-04-19
Cites
9 cases in this archive are cited by this case.
- State v. AllenSupreme Court of South Carolina· 1976-04-09· cited 44×
- State v. BeachumSupreme Court of South Carolina· 1986-03-31· cited 25×
- State v. WhartonSupreme Court of South Carolina· 1975-01-15· cited 19×
- Summerall v. StateSupreme Court of South Carolina· 1982-08-09· cited 17×
- State v. GasqueSupreme Court of South Carolina· 1962-11-09· cited 11×
- Wray v. StateSupreme Court of South Carolina· 1986-05-05· cited 8×
- State v. McLeodSupreme Court of South Carolina· 1991-02-11· cited 8×
- State v. HendersonCourt of Appeals of South Carolina· 1985-04-19· cited 6×
- State v. WigginsSupreme Court of South Carolina· 1971-11-08· cited 5×
Sourced from CourtListener / Free Law Project (CC0).
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