Supreme Court of South Carolina· 4/27/1992

State v. Simmons

Citations

417 S.E.2d 92
308 S.C. 80
1992 S.C. LEXIS 119

How courts have described this case

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

noting that under certain circumstances, if the identification is corroborated by either circumstantial or direct evidence, the harmless error rule is applicable
holding that the alibi and burden of proof instructions were sufficient in this case, but admonishing the trial courts in single witness identification cases that the jury should be instructed that the burden of proving the identification of the defendant rests with the state
stating under certain circumstances, if the identification is corroborated by either circumstantial or direct evidence, then the harmless error rule might be applicable
in single witness identification cases, court should instruct jury burden of proving identity of defendant rests with the state
proper remedy where court erroneously refuses to hold suppression hearing on identification is remand for such a hearing
per se rule requiring court to hold in camera hearing when the State offers a witness whose testimony identifies the defendant as the person who committed the crime and the defendant challenges the in-court identification as being tainted by a previous illegal identification

Source: CourtListener parenthetical corpus (CC0).

Judges: Gardner, Harwell, Chandler, Finney, Toal

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17 cases in this archive cite this case.

Cites

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