State v. Posey

How courts have described this case

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

• prohibiting the State from telling the fact-finder to draw a negative inference when the defendant fails to present any evidence at trial
• where defendant did not present evidence, it was error for solicitor to comment on defendant’s failure to call his wife who was eyewitness to crime
• where defendant did not present evidence, it was error for solicitor to comment on defendant's failure to call his wife who was eyewitness to crime
• ‘An accused has the right to rely entirely upon [the] presumption of innocence and the weakness in the State’s case against him. He would clearly be deprived of that right if an adverse inference is permitted to be indulged against him because of its exercise.’
• “An accused has the right to rely entirely upon [the] presumption of innocence and the weakness in the State’s case against him. He would clearly be deprived of that right if an adverse inference is permitted to be indulged against him because of its exercise.”
• declaring such a statement \elementary\

Source: CourtListener parenthetical corpus (CC0).

Cited by

10 cases in this archive cite this case.

• State v. Cobb
  Supreme Court of Connecticut· 1999-12-07· cited 167×
• State v. Adkins
  Court of Appeals of South Carolina· 2003-01-06· cited 88×
• State v. Taylor
  Supreme Court of Connecticut· 1996-12-31· cited 88×
• State v. Primus
  Supreme Court of South Carolina· 2002-05-20· cited 56×
• State v. Brewer
  Supreme Judicial Court of Maine· 1985-10-31· cited 50×
• State v. Pickens
  Supreme Court of South Carolina· 1996-01-22· cited 46×
• Douglas v. State
  Supreme Court of South Carolina· 1998-08-10· cited 23×
• State v. Primus
  Court of Appeals of South Carolina· 2000-07-10· cited 10×
• State v. Bamberg
  Supreme Court of South Carolina· 1977-12-14· cited 8×
• In the Matter of the Care and Treatment of Campbell
  Supreme Court of South Carolina· 2019-06-26· cited 8×

Cites

1 case in this archive is cited by this case.

• State v. Simmons
  Supreme Court of South Carolina· 1976-10-27· cited 13×