Legal Opinion
State v. Washington
Supreme Court of South Carolina
Decided July 11, 1988No. 22889PublishedCited by 1 opinion
1Opinion of the Court
Chandler, Justice:
State appeals an Order suppressing statements made to police by defendant. We reverse and remand.
*55FACTS
At an in camera hearing during trial, defendant’s motion to suppress his statements for lack of voluntariness was granted. The trial judge based his ruling upon the State’s failure to establish voluntariness beyond a reasonable doubt.
State contends that the standard of proof by which the Court must determine voluntariness is that of preponderance of the evidence only. We agree.
ISSUE
The sole issue is which standard of proof, beyond a reasonable doubt or preponderance of the…
2Cases cited10 opinions
- Colorado v. ConnellySupreme Court of the United States · 1986
- Lego v. TwomeySupreme Court of the United States · 1972
- State v. AdamsSupreme Court of South Carolina · 1981
- Wimberly v. Labor and Industrial Relations Comm'n of Mo.Supreme Court of the United States · 1987
- State v. MiddletonSupreme Court of South Carolina · 1988
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. WashingtonSupreme Court of South Carolina · 1988