Legal Opinion

Carter v. State

Supreme Court of South Carolina

Decided May 29, 1990No. 23222PublishedCited by 9 opinions

1Opinion of the Court

Chandler, Justice:

Eugene Carter (Carter) was convicted of murder and sentenced to life imprisonment. In this post-conviction proceeding (PCR), 1 he alleges ineffective assistance of counsel. We agree and reverse.

FACTS

On April 8,1982, Carter went to the home of Lloyd Mosley (Victim). A dispute arose between the two, resulting in Victim’s striking Carter and forcefully ejecting him from the house. Carter went to his car, returned with a. knife, and fatally stabbed Victim.

At Carter’s trial for murder, his counsel:(1) Failed to object to a malice charge proscribed by State v. Elmore, 2(2) Failed…

2Cases cited7 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. Rose v. ClarkSupreme Court of the United States · 1986
  3. State v. ElmoreSupreme Court of South Carolina · 1983
  4. State v. KingSupreme Court of South Carolina · 1930
  5. High v. StateSupreme Court of South Carolina · 1989

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

3Cited by9 opinions

  1. State v. KnotenSupreme Court of South Carolina · 2001
  2. Brightman v. StateSupreme Court of South Carolina · 1999
  3. Simpkins v. StateSupreme Court of South Carolina · 1991
  4. State v. HollandCourt of Appeals of South Carolina · 2009
  5. Chalk v. StateSupreme Court of South Carolina · 1993

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

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