Legal Opinion

Weik v. State

Supreme Court of South Carolina

Decided July 23, 2014No. Appellate Case No. 2007-060700; No. 27421PublishedCited by 6 opinions

1Opinion of the CourtJustice Kittredge

We granted a writ of certiorari to review the denial of John Edward Weik’s (Weik or Petitioner) application for capital post-conviction relief (PCR). Weik argues the PCR court erred in denying relief on a number of grounds. We reach only the challenge concerning the complete lack of social history mitigation evidence in the sentencing phase. Because of the lack of social history mitigation evidence, we are constrained to reverse and remand for a new sentencing hearing.

I

Weik was convicted of murdering his former girlfriend following an argument over the couple’s child. Weik confessed to the…

2Cases cited25 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  3. Lockett v. OhioSupreme Court of the United States · 1978
  4. Eddings v. OklahomaSupreme Court of the United States · 1982
  5. Penry v. LynaughSupreme Court of the United States · 1989

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3Cited by6 opinions

  1. Stone v. StateSupreme Court of South Carolina · 2017
  2. Maron Alexander Lindsey v. StateSupreme Court of South Carolina · 2025
  3. State v. Timothy Ray Jones Jr.Supreme Court of South Carolina · 2023
  4. State v. Timothy Ray Jones Jr.Supreme Court of South Carolina · 2023
  5. Stone v. StateSupreme Court of South Carolina · 2017

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

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