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Daniel Coble
- May 5, 2020
FRE 414 and propensity
Under the Federal Rule of Evidence 404, the rule is that the government cannot use propensity evidence of a defendant's past actions...
Daniel Coble
- Apr 27, 2020
Bruton and non-testifying codefendant's statements inculpating other defendant
In a lengthy Fourth Circuit Court of Appeals case (United States v. Benson, No. 18-4539, 2020 WL 1966843 (4th Cir. Apr. 24, 2020)), the...
Daniel Coble
- Apr 19, 2020
Rule 106 and the First Circuit: Substantive Mechanism?
"Federal Rule of Evidence 106 is called the "rule of completeness." It attempts to prevent an unfair portrayal of a piece of evidence...
Daniel Coble
- Apr 14, 2020
South Carolina and the Daubert Standard? "Extraordinary similar"
Under the Federal Rules of Evidence, if party wants to qualify a witness as an expert then they will look to FRE 702. The federal court...
Daniel Coble
- Apr 13, 2020
Neil v. Biggers Pretrial Identification Procedure
During a criminal trial, if there is an eye witness to the crime, then it will be very likely that the defense will make a motion to hold...
Daniel Coble
- Apr 12, 2020
Rule 1006 Summaries: an exception to the best evidence rule SCRE 1002
Rule 1006 allows for parties to introduce summaries of evidence when the underlying evidence is extremely voluminous. In State v. Warner,...
Daniel Coble
- Apr 10, 2020
Cross Referencing the Rules of Evidence
As a follow up to my post on Judge Hill's recent opinion, I also wanted to point out the use of cross referencing rules of evidence. ...
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
- 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 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 24, 2020
Suppression hearing but no Franks hearing?
When law enforcement uses a search warrant to obtain evidence and that evidence is used at trial, the defense will likely attempt to have...
Daniel Coble
- Mar 23, 2020
4th Circuit: Certification not the only way to authenticate document ... FRE 901
In a recent Fourth Circuit case, the court had to determine if the trial court properly allowed in documents to prove a prior conviction....