Legal Opinion

State v. Elmore

Supreme Court of South Carolina

Decided November 1, 1983No. 21996PublishedCited by 1 opinion

1Per curiam

Appellant Edward Lee Elmore was convicted of murder, first degree criminal sexual conduct, and burglary and sentenced to death. We reverse the convictions, vacate the sentence and remand for a new trial.

The appellant first contends that the trial judge erred in not holding a hearing to determine his competency to stand trial. Appellant relies on State v. Blair, 275 S. C. 529, 273 S. E. (2d) 536 (1981) and Drope v. Missouri, 420 U. S. 162, 95 S. Ct. 896, 43 L. Ed. (2d) 103 (1975), to support this contention. We feel that these cases are distinguishable. In each of these cases, the defendant’s…

2Cases cited23 opinions

  1. Eddings v. OklahomaSupreme Court of the United States · 1982
  2. Allen v. United StatesSupreme Court of the United States · 1896
  3. Pate v. RobinsonSupreme Court of the United States · 1966
  4. Drope v. MissouriSupreme Court of the United States · 1975
  5. Sireci v. FloridaSupreme Court of the United States · 1982

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3Cited by1 opinion

  1. State v. ElmoreSupreme Court of South Carolina · 1983

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