Search
Daniel Coble
- Jun 8, 2020
SCRE 702: Daubert/Council Hearing
"You can never out-expert the expert" Expert testimony in federal court is governed by Federal Rule of Evidence 702. This rule states:...
Daniel Coble
- Jun 5, 2020
What is "unfair prejudice" under 403?
State v. Phillips ***This is not legal advice***
Daniel Coble
- Jun 4, 2020
Rule 403: Who has the burden?
State v. King See also this blog post. ***This is not legal advice***
Daniel Coble
- Jun 4, 2020
SCRE 403: 'Unfair prejudice' is separate analysis from 'confusion' and 'misleading'
In a recent SC Supreme Court case, State v. Philllips, the Court explained the analysis used for handling a 403 issue: probative value...
Daniel Coble
- Jun 4, 2020
Is the evidence probative under 403? Consider this question
In a recent SC Supreme Court case, State v. Phillips, Justice Few asked a simple question to determine the probative value of a piece of...
Daniel Coble
- May 26, 2020
Out of court statements in CSC cases
Admissibility of out of court statements in CSC cases by victim under 12: State v. Adams ***This is not legal advice***
Daniel Coble
- May 18, 2020
Rule 403: probative value and unfair prejudice
Rule 403 is probably the rule of evidence that gets used the most often. The SC Supreme Court explained the concept behind this rule:...
Daniel Coble
- May 15, 2020
Follow Up: Opening the Door and Proportionality
Earlier this year, the SC Supreme Court handed down a case that explained the Open-Door Doctrine and rebuttal evidence. In short, the...
Daniel Coble
- May 14, 2020
An Example of Why the Application of the Rules of Evidence is Difficult
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...
Daniel Coble
- May 13, 2020
Intent of the Question & Opening the Door: Designed to elicit or answer was gratuitously given?
The Open-Door doctrine (also referred to as rebuttal evidence or opening the door) allows for otherwise inadmissible evidence to...
Daniel Coble
- May 8, 2020
One more 404(b) case
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....
Daniel Coble
- May 8, 2020
Another 404(b) case
The SC Supreme Court recently handed down several 404(b) cases dealing with common scheme or plan. Click here for the lengthier blog...