Miranda involves two parts: the person must be in custody and subject to custodial interrogation. In a recent SC Court of Appeals case, State v. Walker, the...

State v. Key ***This is not legal advice***

Admissibility of out of court statements in CSC cases by victim under 12: State v. Adams ***This is not legal advice***

“In Davis v. United States, the United States Supreme Court stated that the exclusionary rule does not apply in cases where ‘the police act with an objective...

In a recent SC Court of Appeals case, State v. Adams, the court analyzed whether a jury instruction was needed on specific intent of a sexual battery charge....

"At no time has this Court placed the burden on a defendant to establish that an exception to the warrant requirement does not exist." State v. Key ***This i...

"It is settled that the collection of a person's blood for BAC testing is a search and a seizure under the Fourth Amendment." State v. Key

“The inevitable discovery doctrine, one exception to the exclusionary rule, states that if the prosecution can establish by a preponderance of the evidence t...

Rule 403 is probably the rule of evidence that gets used the most often. The SC Supreme Court explained the concept behind this rule: State v. Williams

Stories I only Tell My Friends by: Rob Lowe Available on Hoopla Digital

Earlier this year, the SC Supreme Court handed down a case that explained the Open-Door Doctrine and rebuttal evidence. In short, the Court explained that i...

If you've taken Evidence in law school, then you are aware of how difficult the rules of evidence can be. The complexity and difficulty of the rules grows e...

In the previous blog post, I discussed the new SC Supreme Court case State v. Key. This case seems to follow the dissent in Mitchell written by Justice Sotom...

Last year, the US Supreme Court handed down a case that dealt with DUIs and warrantless blood searches, Mitchell v. Wisconsin. In short, Mitchell "held the ...

The Open-Door doctrine (also referred to as rebuttal evidence or opening the door) allows for otherwise inadmissible evidence to sometimes become admissible:...

According to State v. Harris, there are four considerations for a joint trial: State v. Harris, 351 S.C. 643, 653, 572 S.E.2d 267, 273 (2002) And according t...

“The independent source doctrine does not rest upon such metaphysical analysis, but upon the policy that, while the government should not profit from its ill...

In a recent SC Court of Appeals case, State v. Singleton, a defendant was charged with obstruction of justice for lying to law enforcement. The defendant to...

A recent SC Supreme Court case discussed Brady violations in regards to evidence that could be used to impeach. In State v. Durant, one of the State’s witnes...

In the trio of cases handed down by the SC Supreme Court relating to 404(b) prior bad acts, here are the facts to the third case State v. Cotton: The court u...