Thomas v. State

How courts have described this case

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

• finding a per se Sixth Amendment violation where attorney acted under an actual conflict of interest at the plea hearing
• finding a waiver at the onset of representation was insufficient to waive the actual conflict that arose when the State offered a married couple the option of dismissing one spouse's charges if the other spouse pled guilty to all the charges
• “An actual conflict of interest occurs where an attorney owes a duty to a party whose interests are adverse to the defendant’s.”
• “To be valid, a waiver of a conflict of interest must not only be voluntary, it must be done knowingly and intelligently.”
• “Petitioner does not have to demonstrate prejudice if there is an actual conflict of interest.”
• actual conflict of interest arose when the solicitor offered a plea bargain allowing the charge against one spouse to be dismissed if the other spouse pled guilty to trafficking the entire amount of cocaine

Source: CourtListener parenthetical corpus (CC0).

Cited by

8 cases in this archive cite this case.

• Lomax v. State
  Supreme Court of South Carolina· 2008-07-28· cited 28×
• Jordan v. State
  Supreme Court of South Carolina· 2013-12-11· cited 22×
• State v. Gregory
  Supreme Court of South Carolina· 2005-04-18· cited 15×
• Staggs v. State
  Supreme Court of South Carolina· 2007-04-02· cited 7×
• State v. Sterling
  Supreme Court of South Carolina· 2008-05-05· cited 4×
• Terry Plunk v. Ray Hobbs
  Eighth Circuit· 2013-07-03· cited 2×
• State v. Childers
  Court of Appeals of South Carolina· 2004-04-12· cited 2×
• Gonzales v. State
  Court of Appeals of South Carolina· 2015-05-13· cited 1×

Cites

7 cases in this archive are cited by this case.

• Cuyler v. Sullivan
  Supreme Court· 1980-05-12· cited 5,389×
• John R. Hoffman v. William D. Leeke, Commissioner
  Fourth Circuit· 1990-05-09· cited 57×
• United States v. Angela B. Swartz
  Fourth Circuit· 1992-09-16· cited 38×
• Jackson v. State
  Supreme Court of South Carolina· 1998-01-19· cited 27×
• Duncan v. State
  Supreme Court of South Carolina· 1984-04-30· cited 19×
• Langford v. State
  Supreme Court of South Carolina· 1993-02-01· cited 15×
• Edgemon v. State
  Supreme Court of South Carolina· 1995-02-13· cited 2×