Legal Opinion

State v. Wilson

Supreme Court of South Carolina

Decided January 6, 1992No. 23545PublishedCited by 19 opinions

1Opinion of the Court

Toal, Justice:

The primary issue which we address in this appeal is whether a sentence of death for a defendant who pleads or is found “guilty but mentally ill,” as that verdict is defined by South Carolina statute, violates the Cruel and Unusual Punishment Clause of the Eighth Amendment of the United States Constitution. Stated in a different fashion, the question we answer here is whether a person, acting under what amounts to an “irresistible impulse” to commit an offense, may constitutionally be sentenced to death for the commission of that offense. We hold that the Eighth Amendment does…

2Cases cited22 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Solem v. HelmSupreme Court of the United States · 1983
  3. Penry v. LynaughSupreme Court of the United States · 1989
  4. Enmund v. FloridaSupreme Court of the United States · 1982
  5. Trop v. DullesSupreme Court of the United States · 1958

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

3Cited by19 opinions

  1. James W. Wilson v. Jon E. Ozmint, Director, South Carolina Department of Corrections Henry Dargan McMaster Attorney General, State of South CarolinaCourt of Appeals for the Fourth Circuit · 2004
  2. State v. KellySupreme Court of South Carolina · 1998
  3. State v. WiseSupreme Court of South Carolina · 2004
  4. State v. DownsSupreme Court of South Carolina · 2004
  5. Rimert v. MortellIndiana Court of Appeals · 1997

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

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