Supreme Court of South Carolina· 3/7/2005
State v. Gentry
Citations
- 610 S.E.2d 494
- 363 S.C. 93
- 2005 S.C. LEXIS 69
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that issues related to subject matter jurisdiction may not be waived and may be raised at any time
- holding that presentment of an indictment is not needed to confer subject matter jurisdiction, but an indictment is needed to give notice to the defendant of the charge against him
- holding that indictments’ failure to allege the element of “absence from the scene of the crime” deprived the trial court of subject matter jurisdiction to hear accessory before the fact charges was not preserved for review on appeal
- holding that indictments’ failure to allege the element of “absence from the scene of the crime” deprived the trial court of subject matter jurisdiction to hear accessory before the fact charges was not preserved for review on appeal
- explaining that challenging the sufficiency of an indictment does not raise the issue of subject matter jurisdiction
- holding a challenge to the indictment on the ground of insufficiency must be made before the jury is sworn
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Pleicones, Toal, Waller, Burnett
Read full opinion on CourtListenerCited by
103 cases in this archive cite this case; the 20 most cited are listed.
- State v. DunnSupreme Court of Kansas· 2016-07-15· cited 363×
- Ex Parte SeymourSupreme Court of Alabama· 2006-06-30· cited 194×
- State v. FreiburgerSupreme Court of South Carolina· 2005-09-26· cited 89×
- State v. WalkerCourt of Appeals of South Carolina· 2005-11-28· cited 69×
- United States v. Fabian Montes-FloresFourth Circuit· 2013-11-26· cited 67×
- State v. LylesCourt of Appeals of South Carolina· 2008-06-06· cited 58×
- State v. LaneySupreme Court of South Carolina· 2006-03-06· cited 54×
- State v. MartucciCourt of Appeals of South Carolina· 2008-09-24· cited 54×
- State v. CommanderSupreme Court of South Carolina· 2011-10-31· cited 51×
- Davis v. DavisCourt of Appeals of South Carolina· 2006-12-21· cited 49×
- State v. Apollonio.Hawaii Supreme Court· 2013-10-10· cited 41×
- State v. NorthcuttSupreme Court of South Carolina· 2007-02-20· cited 38×
- State v. DickersonSupreme Court of South Carolina· 2011-10-03· cited 36×
- State v. KirtonCourt of Appeals of South Carolina· 2008-12-17· cited 32×
- STALK v. RiceCourt of Appeals of South Carolina· 2007-10-05· cited 32×
- State v. TumblestonCourt of Appeals of South Carolina· 2007-11-27· cited 31×
- Gainey v. GaineyCourt of Appeals of South Carolina· 2009-03-04· cited 30×
- Evans v. StateSupreme Court of South Carolina· 2005-04-04· cited 28×
- State v. SheppardSupreme Court of South Carolina· 2011-02-07· cited 28×
- Jeter v. South Carolina Department of TransportationSupreme Court of South Carolina· 2006-06-19· cited 26×
Cites
59 cases in this archive are cited by this case; the 20 most cited are listed.
- United States v. CottonSupreme Court· 2002-05-20· cited 3,303×
- Ex Parte BainSupreme Court· 1887-03-28· cited 814×
- State v. TorrenceSupreme Court of South Carolina· 1991-05-20· cited 352×
- State v. ParkhurstSupreme Court of Missouri· 1993-01-26· cited 159×
- State v. AdamsSupreme Court of South Carolina· 1981-10-06· cited 90×
- Pierce v. StateSupreme Court of South Carolina· 2000-01-10· cited 75×
- Ex Parte ColeSupreme Court of Alabama· 2002-03-15· cited 74×
- State v. OwensSupreme Court of South Carolina· 2001-09-04· cited 72×
- State v. HamiltonCourt of Appeals of South Carolina· 2001-03-12· cited 71×
- Browning v. StateSupreme Court of South Carolina· 1995-12-11· cited 62×
- Guy v. StateNevada Supreme Court· 1992-09-03· cited 60×
- State v. PrimusSupreme Court of South Carolina· 2002-05-20· cited 56×
- State v. CurtisSupreme Court of South Carolina· 2004-01-05· cited 54×
- Brown v. StateSupreme Court of South Carolina· 2001-01-08· cited 44×
- State v. MunnSupreme Court of South Carolina· 1987-06-22· cited 43×
- State v. LeonardSupreme Court of South Carolina· 1987-04-13· cited 42×
- State v. EvansSupreme Court of South Carolina· 1992-03-16· cited 30×
- Simpson v. StateSupreme Court of South Carolina· 1998-01-12· cited 29×
- Knox v. StateSupreme Court of South Carolina· 2000-04-24· cited 28×
- State v. SmithSupreme Court of South Carolina· 1993-12-13· cited 28×
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