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Daniel Coble
- Apr 9, 2020
Expert Testimony and CSLI (Rule 702 and cell site location information)
In this recent S.C. Court of Appeals case, Judge Hill gives a deep and thorough refresher on expert evidence and how a trial judge should...
Daniel Coble
- Apr 9, 2020
Competency Evals in Summary Court
Under our Constitution, "a person who lacks the capacity to understand the nature and object of the proceedings against him, to consult...
Daniel Coble
- Mar 31, 2020
"Custody" for Miranda purposes
State v. Corley, 383 S.C. 232, 244, 679 S.E.2d 187, 193 (Ct. App. 2009), aff'd as modified, 392 S.C. 125, 708 S.E.2d 217 (2011)
Daniel Coble
- Mar 30, 2020
Suppression vs. Dismissal in Magistrates Court
State v. Williams, 417 S.C. 209, 231, 789 S.E.2d 582, 594 (Ct. App. 2016)
Daniel Coble
- Mar 28, 2020
Third party guilt jury charge
From the recent SC Supreme Court case that I blogged about earlier this week, one other issue came up about third party guilt and jury...
Daniel Coble
- Mar 27, 2020
Open-door Doctrine: Response must be proportional
Sometimes otherwise inadmissible evidence may be introduced if the opposing party opens the door to it. The purpose of the “open-door...
Daniel Coble
- Mar 26, 2020
Stale Search Warrants: “Probable cause, with time, dissipates”
In a recent SC Supreme Court case, State v. Simmons, the court analyzed a search warrant for a computer in regards to child pornography....
Daniel Coble
- Mar 25, 2020
DUI Checkpoint: must make it to checkpoint
State v. Williams, 417 S.C. 209, 220, 789 S.E.2d 582, 588 (Ct. App. 2016)
Daniel Coble
- Mar 12, 2020
S.C. Supreme Court case: Expert Testimony, Confrontation Clause, Hearsay...
The SC Supreme Court handed down an opinion (State v. Prather) on a murder case that involved a multitude of issues. The main issue in...
Daniel Coble
- Feb 19, 2020
South Carolina & Fourth Amendment & Riley
In a recent SC Supreme Court case, the court had to determine whether or not a search of a defendant's cell phone violated his Fourth...
Daniel Coble
- Feb 13, 2020
Fourth Amendment and Stop and Frisk
In a recent S.C. Supreme Court opinion, the court had to determine whether a stop and frisk violated the defendant's Fourth Amendment...
Daniel Coble
- Feb 7, 2020
Mutual Combat: Criminal liability, hand of one, innocent bystander, transferred intent
In a recent S.C. Supreme Court case, the court held that "mutual combat can properly serve as the basis for a murder charge for the death...
Daniel Coble
- Feb 6, 2020
New DUI case in South Carolina
The S.C. Supreme Court recently handed down a case on DUI and exigent circumstances. The basic facts: a defendant crossed the yellow...
Daniel Coble
- Jan 8, 2020
"Missing Witness Rule" or "Open Chair Doctrine"
From In re Gonzalez, 409 S.C. 621, 630, 763 S.E.2d 210, 214 (2014):