State v. Lynch

How courts have described this case

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

• holding the trial court did not have jurisdiction after an amendment to an indictment where the substituted aggravating circumstance was “quite distinct” from the original circumstance and required proof that was “materially different”
• holding the nature of the offense changed when an indictment for first-degree burglary was amended to change the aggravating circumstance from entering during darkness to causing physical injury because “the proof required for each aggravating circumstance [was] materially different”
• holding the nature of the offense changed when an indictment for first-degree burglary was amended to change the aggravating circumstance from entering during darkness to causing physical injury because \the proof required for each aggravating circumstance [was] materially different\
• indictment may be amended provided such amendment does not change nature of offense charged
• indictment may be amended provided such amendment does not change nature of offense charged
• “A circuit court has subject matter jurisdiction if: (1) there has been an indictment which sufficiently states the offense; (2) there has been a waiver of indictment; or (3) the charge is a lesser included charge of the crime charged in the indictment.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• State v. Gentry
  Supreme Court of South Carolina· 2005-03-07· cited 229×
• State v. Adams
  Court of Appeals of South Carolina· 2003-05-05· cited 161×
• State v. Guthrie
  Court of Appeals of South Carolina· 2002-10-28· cited 22×
• State v. Gill
  Court of Appeals of South Carolina· 2003-06-23· cited 18×
• State v. LaCoste
  Court of Appeals of South Carolina· 2002-02-25· cited 17×
• State v. Dudley
  Court of Appeals of South Carolina· 2003-05-14· cited 17×
• State v. Means
  Supreme Court of South Carolina· 2006-02-06· cited 16×
• Cutner v. State
  Supreme Court of South Carolina· 2003-04-28· cited 11×
• Mathis v. State
  Supreme Court of South Carolina· 2003-07-28· cited 8×
• State v. Bryson
  Court of Appeals of South Carolina· 2003-12-15· cited 6×
• United States v. Terrazas
  Ninth Circuit· 2006-07-19· cited 1×

Cites

8 cases in this archive are cited by this case.

• Anders v. California
  Supreme Court· 1967-05-08· cited 87,848×
• Montana v. Hall
  Supreme Court· 1987-04-27· cited 172×
• Carter v. State
  Supreme Court of South Carolina· 1998-01-19· cited 78×
• Browning v. State
  Supreme Court of South Carolina· 1995-12-11· cited 62×
• State v. Munn
  Supreme Court of South Carolina· 1987-06-22· cited 43×
• Hopkins v. State
  Supreme Court of South Carolina· 1994-11-28· cited 23×
• State v. Riddle
  Supreme Court of South Carolina· 1990-04-16· cited 14×
• Weinhauer v. State
  Supreme Court of South Carolina· 1999-03-01· cited 12×