Sheppard v. State’s Empirical Analysis

Citation profile

87 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A motion to change venue is addressed to the sound discretion of the trial judge and will not be disturbed on appeal absent an abuse of discretion. Sheppard v. State, 357 S.C. 646 , 594 S.E.2d 462 (2004); State v. Manning, 329 S.C. 1 , 495 S.E.2d 191 (1997) (finding trial court abused discretion by granting the State’s motion to change venue based on pretrial publicity because no evidentiary facts supported finding of actual juror prejudice towards the State). When a trial judge bases the denial of a motion for a change of venue because of pretrial publicity upon an adequate voir dire examination of the jurors, his decision will not be disturbed absent extraordinary circumstances. State v. Caldwell, 300 S.C. 494 , 388 S.E.2d 816 (1990). When jurors have been exposed to pretrial publicity, a denial of a change of venue is not error where the jurors are found to have the ability to set aside any impressions or opinions and render a verdict based on the evidence presented at trial. State v. Tucker, 334 S.C. 1 , 512 S.E.2d 99 (1999); Manning, 329 S.C. at 1 , 495 S.E.2d at 191 . Therefore, mere exposure to pretrial publicity does not automatically disqualify a prospective juror. Id. The relevant question is not whether the community remembered the case, but whether the jurors had such fixed opinions that they could not judge impartially the guilt of the defendant. Id. It is the defendant’s burden to demonstrate actual juror prejudice as a result of such publicity. Caldwell, 300 S.”

   2 later decisions quote this exact passage
   e.g. State v. Parker · State v. Avery

2. “'[T]he trial court is required to charge only the current and correct law of South Carolina.'”

   2 later decisions quote this exact passage
   e.g. State v. Marin · State v. Williams

3. “[T]he suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.”

   1 later decision quote this exact passage
   e.g. Simpson v. Moore