Prior Consistent Statements
A prior consistent statement requires that the declarant testify at trial and be subject to cross-examination; there must be an...
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Daniel Coble
- Dec 13, 2021
Hearsay and Identification
When a witness is used to identify the defendant, they will oftentimes identify them both in-court during the trial and they will have...
Daniel Coble
- Dec 6, 2021
Nonhearsay
Nonhearsay Admission by Party Opponent · Morris v. Tidewater Land & Timber, Inc., 388 S.C. 317 (Ct. App. 2010) Admission by a party...
Daniel Coble
- Nov 29, 2021
For the Truth
For the Truth · State v. Tennant, 394 S.C. 5 (2011) A statement might not be hearsay because of why it is being used – but this...
Daniel Coble
- Nov 15, 2021
Hearsay
Hearsay is an out of court statement that is offered into evidence to prove the truth of the matter asserted in the statement. When a...
Daniel Coble
- Nov 12, 2021
6th vs. 5th: Rights of Defendants and Co-Defendants
In a recent S.C. Court of Appeals opinion, the court had to analyze the Sixth Amendment rights of a defendant vs. the Fifth Amendment...
Daniel Coble
- Nov 1, 2021
GPS Data and SCRE 901
· State v. Brown, 424 S.C. 479 (2018) Even though GPS and electronic monitoring are extremely common and used every day, they still...
Daniel Coble
- Oct 27, 2021
Authenticating Social Media/Text Messages
In a recent S.C. Court of Appeals case, the court describes the process and standard for authenticating text messages and social media...
Daniel Coble
- Oct 18, 2021
Habit Evidence
· State v. Brown, 344 S.C. 70 (2001) There is tension between habit evidence and propensity evidence, which can make admissibility...
Daniel Coble
- Oct 4, 2021
Fingerprints and the Rules of Evidence
When a party seeks to admit fingerprint evidence, they must produce evidence of latent fingerprints, inked prints, and a link between the...
Daniel Coble
- Sep 20, 2021
Daniel Coble
- Sep 6, 2021
Demonstrative vs. Substantive Evidence
There are two main types of evidence presented in a trial: demonstrative and substantive (impeachment is a third, but that is discussed...
Daniel Coble
- Aug 30, 2021
Crawford and the Sixth Amendment
The Sixth Amendment gives defendants the right to confront any witness that is being used against them. A Crawford issue arises when...