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275 S.C. 608

274 S.E.2d 411

State v. Sinclair

Supreme Court of South Carolina

Decided January 15, 1981

Supreme Court of South Carolina · decided 1981-01-15

Relies on Richmond Newspapers, Inc. v. Virginia · Jenkins v. Anderson

Good law ✅— No negative treatment on recordhow we know

Decided 1981-01-15

How this case has been cited

Cited by 23 later decisions — most recently August 2018

23 state decisions

1001981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ness, Justice

¶1(concurring) :

¶2*615I concur with the majority opinion except the .rationale for the issue on post arrest silence. I believe the issue is controlled by the recent decision of Jenkins v. Anderson, - U. S. -, 100 S. Ct. 2124, 65 L. Ed. (2d) 86 (1980), where the defendant in a murder case plead self defense. On cross examination the prosecutor questioned him about the fact he had never told anyone about that defense. The U. S. Supreme Court held the defendant’s Fifth Amendment rights were not violated by the use of his pre-arrest silence.

¶3I also would hold that here the trial judge articulated for the record his reasons for excluding the public during a small portion of the trial which I believe complies with the requirement of Richmond Newspapers, Inc. v. Commonwealth of Virginia, et al., - U. S. -, 100 S. Ct. 2814, 65 L. Ed. (2d) 973 (1980).

¶4I concur.

/275/sc/608 · .json · Public domain