Legal Opinion
Smalls v. State
Supreme Court of South Carolina
Decided February 7, 2018No. Appellate Case 2016-001079; Opinion 27764PublishedCited by 37 opinions
1Opinion of the Court
JUSTICE FEW :
**178 In this post-conviction relief (PCR) case, we agree with the court of appeals' finding that trial counsel was deficient, but disagree that the State presented overwhelming evidence of guilt that precluded a finding of prejudice under the second prong of Strickland v. Washington . We find the evidence was not overwhelming, and reverse the court of appeals' finding that counsel's errors resulted in no prejudice.
**179 I. Facts and Procedural History
At almost midnight on May 21, 2000, Jim Lightner and Eugene Green were closing the Bojangles restaurant on Elmwood Avenue in…
2Cases cited69 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. WadeSupreme Court of the United States · 1967
- Giglio v. United StatesSupreme Court of the United States · 1972
- Perry v. New HampshireSupreme Court of the United States · 2012
- United States v. Melvin TelfaireCourt of Appeals for the D.C. Circuit · 1972
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3Cited by37 opinions
- Charles Vandross v. Bryan StirlingCourt of Appeals for the Fourth Circuit · 2021
- Thompson v. StateSupreme Court of South Carolina · 2018
- Reese v. StateSupreme Court of South Carolina · 2018
- State v. WashingtonCourt of Appeals of South Carolina · 2018
- Farmer v. CAGC Ins. Co.Court of Appeals of South Carolina · 2018
32 more not listed; retrieve them via the Exa API.