Legal Opinion

State v. Truesdale

Supreme Court of South Carolina

Decided October 19, 1982No. 21799PublishedCited by 23 opinions

1Per curiam

Appeal is taken from a sentence of death recommended by a jury and confirmed by the trial judge after appellant entered guilty pleas to indictments for murder, kidnapping and first degree criminal sexual conduct. We vacate the guilty plea and remand for a new trial.

This Court has recently held that section 16-3-20(B), Code of Laws of South Carolina, 1976 (Cum. Supp. 1981), requires sentencing by the trial judge, not a jury, when jury trial'has been waived or the defendant has entered a guilty plea, State v. Patterson, 278 S. C., 295 S. E. (2d) 264 (1982). We are compelled by that holding to…

2Cases cited17 opinions

  1. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  2. Swain v. AlabamaSupreme Court of the United States · 1965
  3. Taylor v. LouisianaSupreme Court of the United States · 1975
  4. Duren v. MissouriSupreme Court of the United States · 1979
  5. Rideau v. LouisianaSupreme Court of the United States · 1963

12 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. State v. GuinanSupreme Court of Missouri · 1984
  2. State v. CopelandSupreme Court of South Carolina · 1982
  3. Truesdale v. MooreCourt of Appeals for the Fourth Circuit · 1998
  4. State v. KoonSupreme Court of South Carolina · 1982
  5. State v. DownsSupreme Court of South Carolina · 2004

18 more not listed; retrieve them via the Exa API.

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