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Daniel Coble
- Apr 29, 2021
Closing Arguments in Trials
Closing arguments are just that – arguments. Counsel is given wide latitude to connect facts that are in evidence and bring them to their...
Daniel Coble
- Apr 27, 2021
Why
South Carolina Supreme Court Justice John Few teaches and speaks about the Rules of Evidence quite often. Out of all of his teachings...
Daniel Coble
- Apr 26, 2021
How to Introduce Still Frames of Surveillance (Demonstrative Evidence)
From an unpublished SC Court of Appeals opinion: Brown v. State
Daniel Coble
- Apr 22, 2021
SCRE 104(b) Relevancy Conditioned on Fact
Rule of Evidence 104(b) can be confusing and easy to forget. Professor Colin Miller has written about this rule and helped clarify it...
Daniel Coble
- Apr 20, 2021
Authenticating DNA
Trial court properly admitted DNA evidence after its authentication was challenged by the defense. The court held DNA evidence was...
Daniel Coble
- Apr 15, 2021
403: Probative vs. Prejudicial, A Balancing Act
403 Summary: Remember that the standard with an SCRE 403 objection is that the probative value is substantially outweighed by its...
Daniel Coble
- Apr 13, 2021
The Best Evidence Rule
The Best Evidence Rule, (found under Rules 1001-1006) contrary to its name, does not require that a party produce the best evidence....
Daniel Coble
- Apr 8, 2021
Propensity Evidence and its Perils
Propensity evidence is extremely prejudicial to defendants because it creates an easy and acceptable belief in the prosecution’s case –...
Daniel Coble
- Apr 6, 2021
Statements & Beliefs vs. Prior Bad Acts
Prior statements are not prior acts under SCRE 404(b). “But a prior statement of bad intent is not a prior bad act. See Anderson v....
Daniel Coble
- Apr 1, 2021
Pertinent Trait
A pertinent trait will somehow be involved or related to the charged crime. The term pertinent could be synonymous with the term...
Daniel Coble
- Mar 30, 2021
Conditional Relevancy
Evidence needs to be relevant in order to be admissible. But sometimes evidence is only relevant if something else is true. What is the...
Daniel Coble
- Mar 26, 2021
Authenticating Taped Phone Conversation
Victim properly authenticated a taped recording of her conversation with the defendant under SCRE 901(b)(1), (5), and (6). She testified...