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Daniel Coble
- Jan 6, 2020
South Carolina Rule of Evidence: 409
RULE 409 PAYMENT OF MEDICAL AND SIMILAR EXPENSES Evidence of furnishing or offering or promising to pay medical, hospital, or similar...
Daniel Coble
- Jan 6, 2020
Improper Bolstering
A recent South Carolina Court of Appeals case explains "bolstering" and how it is improper: Examples of cases of improper bolstering:...
Daniel Coble
- Jan 5, 2020
Character Evidence - restrained because of its own power
An old Supreme Court case sums up why character evidence has to be limited in criminal trials: Michelson v. United States, 335 U.S. 469,...
Daniel Coble
- Jan 4, 2020
'Have you heard?' vs. 'Did you know?'
When impeaching a witness under 405(a), a witness will likely have their knowledge tested of how well they actually know the defendant....
Daniel Coble
- Jan 3, 2020
Automobile exception: how soon after must warrantless search occur? "Not... immediately"
In a recent Court of Appeals case, the court analyzed two exceptions to the warrant requirement - consent and automobile: One thing...
Daniel Coble
- Jan 2, 2020
CREAC: Franks Hearing in South Carolina
A Franks hearing is used when the defense alleges that the search warrant is invalid and thus the items seized should be suppressed (in a...
Daniel Coble
- Dec 31, 2019
Top 5 Evidence Cases of 2019: #1
While the rules of evidence rarely are amended (807 had it coming though), they are often interpreted and applied in different ways each...
Daniel Coble
- Dec 30, 2019
South Carolina Rule of Evidence: 408
RULE 408 COMPROMISE AND OFFERS TO COMPROMISE Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering...
Daniel Coble
- Dec 30, 2019
Top 5 Evidence Cases of 2019: #2
While the rules of evidence rarely are amended (807 had it coming though), they are often interpreted and applied in different ways each...
Daniel Coble
- Dec 30, 2019
Can character evidence ever be an affirmative defense?
No, according to a 2002 case from the Fifth Circuit Court of Appeals: United States v. John, 309 F.3d 298, 303 (5th Cir. 2002) And also...
Daniel Coble
- Dec 29, 2019
Character Evidence: "the slow growth of months and years"
Setting aside 405(b), why do the courts favor character evidence that is based on reputation and not specific incidents? This quote from...
Daniel Coble
- Dec 29, 2019
Top 5 Evidence Cases of 2019: #3
While the rules of evidence rarely are amended (807 had it coming though), they are often interpreted and applied in different ways each...