Court of Appeals of South Carolina· 6/16/1997
State v. Hamilton
Citations
- 486 S.E.2d 512
- 327 S.C. 440
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that when the State is required to prove a prior conviction as an element of a crime it cannot be forced to accept a defendant's offer to stipulate
- holding because two prior burglary and/or housebreaking convictions are an element of first-degree burglary under the South Carolina Code, the defendant cannot require the State to stipulate to the prior convictions in lieu of informing the jury about the prior convictions
- holding because two prior burglary and/or housebreaking convictions are an element of first-degree burglary under the South Carolina Code, the defendant cannot require the State to stipulate to the prior convictions in lieu of informing the jury about the prior convictions
- stating that when a specific prior conviction is required to prove a statutory element, generic statements about the offense are not possible and the jury would learn about the prior conviction when it is instructed on the elements of the crime
- Evidence of prior burglary or housebreaking convictions are properly admitted for the limited purpose of establishing the elements of first-degree burglary.
Source: CourtListener parenthetical corpus (CC0).
Judges: Hearn, Cureton, Stilwell
Read full opinion on CourtListenerCited by
18 cases in this archive cite this case.
- State v. BentonSupreme Court of South Carolina· 2000-01-10· cited 69×
- Peraita v. StateCourt of Criminal Appeals of Alabama· 2003-05-30· cited 66×
- State v. BallSupreme Court of Louisiana· 1999-11-30· cited 58×
- Ex Parte PeraitaSupreme Court of Alabama· 2004-06-04· cited 39×
- Maibauer v. StateTex. App. Ct., 10th Dist. (Waco)· 1998-07-15· cited 35×
- State v. SimmonsCourt of Appeals of South Carolina· 2002-11-25· cited 34×
- State v. HendersonCourt of Appeals of South Carolina· 2001-11-05· cited 30×
- State v. ScrivenCourt of Appeals of South Carolina· 2000-03-13· cited 28×
- In Re the Care & Treatment of CorleySupreme Court of South Carolina· 2003-02-24· cited 27×
- State v. CheathamCourt of Appeals of South Carolina· 2002-02-25· cited 21×
- State v. AlvarezNew Jersey Superior Court App Division· 1999-02-05· cited 18×
- State v. JamesSupreme Court of South Carolina· 2003-07-14· cited 15×
- State v. WarsopNew Mexico Court of Appeals· 1997-12-09· cited 10×
- State v. JamesCourt of Appeals of South Carolina· 2001-11-15· cited 10×
- Carter v. StateCourt of Special Appeals of Maryland· 2002-07-01· cited 5×
- Gregory James Maibauer v. StateTex. App. Ct., 10th Dist. (Waco)· 1998-04-22
- State v. CrossSupreme Court of South Carolina· 2019-07-24
- State v. DavisCourt of Appeals of South Carolina· 2022-06-01
Cites
7 cases in this archive are cited by this case.
- Old Chief v. United StatesSupreme Court· 1997-01-07· cited 2,913×
- State v. JohnsonSupreme Court of South Carolina· 1991-10-07· cited 83×
- United States v. Charles Lewis PooreFourth Circuit· 1979-03-08· cited 79×
- State v. SteadmanSupreme Court of South Carolina· 1950-04-12· cited 47×
- United States v. Rochelle Ardall Crowder, United States of America v. Horace Lee DavisD.C. Circuit· 1996-07-09· cited 31×
- State v. TillmanCourt of Appeals of South Carolina· 1991-05-28· cited 14×
- State v. WilliamsCourt of Appeals of South Carolina· 1846-01-15· cited 5×
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.